The Supreme Court bench said it would not provide interim relief to Arun Gawli. (Press Trust photo)
The Supreme Court upheld its previous June 3 order and scheduled a hearing on November 20 to review the appeal.
In a noteworthy development, the Supreme Court has reiterated its decision to stay the release of Arun Gawli. Quoting iconic movie dialogue”So come, son, Varna Gabbar will come.From the movie Sholay, the court affirmed the previous ruling. A bench comprising Justices Suryakant and Dipankar Dutta decided to uphold the April 5 stay order of the Nagpur bench of the Bombay High Court. The Supreme Court upheld its previous June 3 order and scheduled a hearing on November 20 to review the appeal.
The high court had previously directed state authorities to review Gawli's application for early release under the 2006 commutation policy. However, the Supreme Court bench said no interim relief would be granted and the temporary stay issued earlier would remain in effect. The Supreme Court said the appeal will be heard on November 20.
During the proceedings, senior lawyer Raja Thackeray, representing the Maharashtra government, highlighted that Gawli faces more than 46 charges, including about 10 cases of murder. Responding to the Supreme Court's query regarding Gauli's activities in the past 5 to 8 years, Thackeray pointed out that Gauli has been imprisoned for more than 17 years. Thackeray argued that under the Maharashtra Organized Crime Control Act (MCOCA), convicts have to serve at least 40 years in prison to be eligible for commutation of their sentences, as stipulated in the 2015 policy.
Senior lawyer Nitya Ramakrishnan, representing Gauli, argued that the other co-accused in the case had been granted bail and the Bombay High Court's decision to allow early release was appropriate. Ramakrishnan also pointed out that although the state government revised the reduction policy in 2015, Gawli's convictions date back to 2009, making the 2006 policy applicable. This older policy allowed exemptions based on age and frailty.
Responding to Gauli's lawyer, the Supreme Court judge said: “Not everyone is Arun Gauli. There is a famous line in the movie Sholay:So come, son, Varna Gabbar will come.“That mirrors a similar situation here.” Ramakrishnan, however, detailed the prisoner's health problems, including heart and lung disease. State lawyers blamed Gawli's long-term smoking habit for the past 40 years for the health problems.
Ramakrishnan responded that the smoking issue was irrelevant as no smoking-related charges were filed against Gawli. “The advisory committee has determined that Gawli is vulnerable due to his age and therefore the 2006 policy should apply because he was convicted under that policy. The 2015 policy should not apply in this case.
On June 3, the Supreme Court stayed the April 5 order of the Nagpur bench of the Bombay High Court directing state authorities to examine Gawli's early release application under the 2006 commutation policy.
