Nagpur/New Delhi: In a significant legal development, the Supreme Court of India has stayed a Bombay High Court order that allowed the premature release of gangster Arun Gawli. The order was originally based on a remission policy from January 2006 set by the Maharashtra government.
Arun Gawli, currently serving a life sentence at Nagpur Central Jail for the 2007 murder of Shiv Sena corporator Kamlakar Jamsandekar, had been granted the benefit of the 2006 remission policy by the Nagpur bench of the Bombay High Court on April 5. This policy, which was in effect when Gawli was convicted in 2012, offers concessions to inmates who are physically weak or above the age of 65.
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The Maharashtra state government challenged this decision in the Supreme Court, represented by senior advocate Raja Thakare. The state argued that revised guidelines from March 2010 stipulate that convicts involved in organized crime must serve at least 40 years before being considered for premature release.
On Monday, a vacation bench comprising Justices Aravind Kumar and Sandeep Mehta issued a notice to Gawli, requiring him to respond to the state’s appeal by July 15. The bench also ordered an interim stay on the Bombay High Court’s decision until the next hearing.
Gawli, 71, had presented his case to the Bombay High Court, claiming he was certified as “weak” by a medical board, making him eligible for the 2006 remission policy benefits. The High Court had ruled in his favor, dismissing the state’s reliance on the 2010 guidelines as “totally misconceived” and not applicable to Gawli’s situation.
The Supreme Court’s stay halts the release of Gawli, maintaining the status quo until further legal proceedings. This case highlights the ongoing legal debates surrounding remission policies and the conditions under which they should be applied, particularly in cases involving organized crime.
