Bombay High Court Allows Gangster Turned Politician Arun Gawli's Plea For Parole Without Police Escort

The Nagpur bench of the Bombay High Court has allowed the plea of the Gangster turned Politicians plea for parole without Police escort.

The Bench of Justice Vinay Joshi and Justice Vrushali V. Joshi observed that the authorities have given no reason as to why police escort is essential and said that "in past on all 12 occasions, no such stringent condition was imposed and therefore, we find no justification in imposing the condition of providing Police Escort which needs to be waived."

In this case, the petitioner applied for special parole for the marriage of his son, which was granted for a limited period of four days including the traveling period, by the Deputy Inspector General (Prisons) with a condition of Police Escort, a certain amount of cash security and surety. The petitioner had challenged this order of the DIG.

Advocates M.N. Ali and Shahrukh Shah appeared on behalf of the petitioner and submitted that the petitioner has undergone imprisonment for approximately 14 years and that on 12 occasions he has been released either on parole or furlough and each time, the petitioner has abided by the conditions imposed and had never committed any anti-social activity and had not committed a breach of peace. It was also submitted that no reason has been given to indicate the necessity to impose the condition of Police Escort.

APP S.M. Ukey appeared on behalf of the respondent and submitted that the petitioner has been involved in a number of criminal activities and after considering the adverse police report that there is a threat to his life, the conditions imposed by the authority are appropriate and justifiable.

The Court observed that no special reasons have been quoted as to what are the compelling circumstances have weighed to the authority in anticipating a life threat to the petitioner as the reason of life threat has not weighed to the authority on earlier occasions.

The Court also observed that the order of the authority is bereft of reasons as to why the Police Escort is essential and thus noted -

"Concededly, on all earlier occasions, no such condition was imposed and therefore, we find no justification in imposing the condition of providing Police Escort which needs to be waived."

The Court, as regards the quantum of security, observed that the authority directing the petitioner to deposit cash security of Rs. 5 lakhs along with the surety of an equal amount is not backed with any reason and therefore, would ultimately amount to a deprivation of availing the parole which if he is otherwise entitled.

Accordingly, the Court partly allowed the petition to the extent of setting aside the condition of providing Police Escort and altering the amount of security to the extent of furnishing cash security of Rs. 1 lakh with surety in the like amount.

Cause Title- Arun v. Deputy Inspector General & Anr.  

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