Incarcerated gangster-turned-politician Arun Gulab Gawli, 71, has approached the Nagpur bench of the Bombay High Court seeking his premature release. He made the case on the ground that he has crossed the age of 65 years and completed 14 years of life imprisonment, which entitles him to such a relief as per a January 10, 2006 government circular and a December 31, 1999 government direction. His application was heard last week by the division bench of Justices Vinay Joshi and Valmiki SA Menezes. The bench asked the Maharashtra government to file a reply by March 15. The FPJ has accessed a copy of Gawli's plea submitted to the court.
The plea of Gawli, who was convicted for his alleged role in the murder of Shiv Sena corporator Kamlakar Jamsandekar, argued that a subsequent government notification of December 1, 2015, which exempts those convicted under the MCOCA (Maharashtra Control of Organised Crime Act), like him, from availing the benefit of remission under the 2006 notification, is not applicable in his case as he was convicted in 2012.
On March 2, 2007, Jamsandekar was shot dead at his residence in suburban Ghatkopar. According to the police’s charge-sheet, Rs30 lakh was allegedly paid to the Gawli gang for eliminating the Sena corporator over a land deal. Gawli had denied the allegations.
Gawli was arrested on May 21, 2008, while the charges against him were framed by the trial court in October 2008. On August 31, 2012, Gawli and others were convicted, inter alia, and awarded life imprisonment in the case. He has been lodged at the Nagpur central jail.
Talking to The FPJ, Gawli’s lawyer Mir Nagman Ali said, ‘‘With the petition, my client Arun Gawli is seeking his premature release on completion of his 14 years of sentence of imprisonment and 65 years of age as per the government policy of 1999 and 2006 that existed on the date of his conviction.” According to Ali, the State Government had on December 31, 1999, issued directions for release of prisoners who have completed the age of 65 years and undergone 14 years of life imprisonment. On January 10, 2006, the Home Department had further issued directions in the same regards.
Gawli’s plea read that as per his medical history, it was “clearly established that the petitioner is suffering from serious ailments” and that he is “weak and infirm”. It further said that “the petitioner’s wife” had preferred an application before the respondents seeking his premature release on the strength of the government orders and decisions pertaining to 1999 and 2006.
The plea stated that he was informed by the “Advisory Board” that his request for premature release was rejected. “However, the petitioner was not given the reason for rejection of his application,” read the plea. It said that Gawli had therefore applied under the Right To Information Act, seeking certified true copy of the decision taken by the Advisory Board. “However, the said information sought by the petitioner has not yet been supplied to the petitioner,” read the plea.
