Supreme Court Stays Bombay High Court's Order For Premature Release Of Gangster-Turned-Politician Arun Gawli

The Supreme Court today stayed the Bombay High Court Order, which paved the way for the premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case.

The Vacation Bench of Justice Aravind Kumar and Justice Sandeep Mehta said, "There shall be stay of impugned Order till the next date of hearing."

At the outset, Senior Advocate Raja Takare appeared for the State of Maharashtra and submitted that the Bombay High Court Order be stayed; otherwise, Gawli will be released on Wednesday (June 5). He also submitted that Gawli was also convicted under the provisions of the Maharashtra Control of Organised Crime Act (MCOCA).

Pertinently, on April 5, the Nagpur bench of the Bombay High Court had allowed the plea of Gawli, in which he had sought direction to the state government for his premature release on account of the remission policy dated January 10, 2006, which was prevailing on the date of his conviction on August 31, 2012.

Gawli, now 65 years old and reportedly in poor health, had argued that the State's rejection of his release application was unjust and arbitrary.

In response, the Maharashtra government had contended that the revised guidelines of March 18, 2010, stipulate a 40-year term of actual imprisonment for convicts of organized crime before they are considered for premature release. However, the Court rejected this argument, affirming Gawli's eligibility under the 2006 policy tailored for elderly and infirm prisoners.

Following the High Court's Order, the State government sought a four-month extension for implementation, citing its Appeal to the Supreme Court. While the Court granted an initial extension, it warned against further delays, giving the government an additional four weeks to comply with the release order.

"It is informed that a Special Leave Petition has been filed before the Supreme Court. The summer vacation of the Supreme Court would commence from May 20, 2024. By virtue of our order the petitioner is required to be set free and if his release is postponed by a few months, it would curtail his liberty. However, as the Special Leave Petition is filed/registered yesterday only, we deem it appropriate to grant some breathing time to the State to obtain necessary orders from the Supreme Court," the High Court had said in its May 9 order.

Arun Gawli, once an MLA and the founder of the Akhil Bharatiya Sena, gained notoriety for his criminal activities centered around the Dagdi Chawl neighborhood in Mumbai. His arrest and subsequent life imprisonment stemmed from the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar.

Cause Title: State of Maharashtra v. Arjun Gulab Gawli [SLP (Crl) No. 7776/2024]