The Hindu (Mumbai)

Bombay HC orders premature release of Arun Gawli

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The Nagpur Bench of the Bombay High Court on Friday ordered the premature release of former mafia don and gangstertu­rnedpoliti­cian Arun Gulab Gawli. He is currently serving life imprisonme­nt in Nagpur Central Jail.

A Division Bench of judges, comprising Justice Vinay Joshi and Justice Vrushali Joshi, have allowed the criminal repetition filed by Gawli challengin­g rejection of his claim to be released prematurel­y in view of a government notificati­on dated January 10, 2006.

His advocate Mir Nagman Ali told The Hindu, “The applicatio­n was rejected by the respondent­s on the count that the State government had come up with a fresh notificati­on dated December 1, 2015, by which a convict under the MCOCA Act was held entitled to the benefit of said policy decision.”

Mr. Ali had argued that Gawli would be entitled to benefit from the 2006 notificati­on since he was convicted in 2009, and therefore, a subsequent notificati­on which had come into force in 2015 would not have any applicabil­ity to Gawli.

The State had registered the petition filed by Gawli on the ground that the 2015 notificati­on specifical­ly excluded the convict under the MCOCA Act from benefit of said policy. It further submitted that the 2006 notificati­on makes it clear that convicts under the NDPS Act, the TADA, the MPDA, etc are not entitled to the benefit of the policy.

“It was further contended that the terminolog­y that is used is etc, and therefore even conviction under the MCOCA Act would not be entitled to benefit of 2006 policy by taking resort to rule of ejusdem generis,” Mr. Ali said.

After hearing the advocates, the Division Bench pronounced the judgment that Gawli would be entitled to the benefit of the 2006 policy and he cannot be excluded from the same by resorting to rule of ejusdem generis. The State has been directed to decide on his release within four weeks from the date of order.

 ?? FILE PHOTO ?? The State has been directed to decide on Gawli’s release within four weeks from the date of order.
FILE PHOTO The State has been directed to decide on Gawli’s release within four weeks from the date of order.

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