New Delhi: The Supreme Court on Wednesday recalled a popular dialogue from the iconic Hindi blockbuster "Sholay" while declining to rule in favour of the premature release of dreaded gangster Arun Gawli.
A bench comprising Justices Surya Kant and Dipankar Datta told Gawli's counsel that she should know that "not everybody is Arun Gawli. In the movie 'Sholay', there is an iconic dialogue, 'So ja beta, nahi toh Gabbar aa jayega'". The bench said this dialogue fits well in the instant case.
Senior advocate Nitya Ramakrishnan, representing Gawli, argued that other co-accused had been given bail in the matter and the Bombay High Court was right in granting premature release. She added that her client is suffering from heart disease and has a lung defect.
However, the bench said it is not willing to accept her contention and made absolute its June 3 order, which stayed the operation of the April 5 order of the Bombay High Court's Nagpur bench. The apex court has scheduled the matter for hearing on November 20.
The High Court had directed concerned authorities to consider Gawli's application for premature release under the 2006 remission policy. During the hearing, senior advocate Raja Thakare, representing the Maharashtra government, submitted that Gawli has over 46 cases, including around 10 cases of murder, against him. He added that the gangster has been behind bars for over 17 years. At this juncture, the bench queried, has he reformed during the period of incarceration?
Thakare said there is a requirement under the Maharashtra Control of Organised Crime Act (MCOCA) for convicts to undergo imprisonment for at least 40 years for remission and cited the 2015 policy. Contesting this submission, Gawli's counsel said her client was convicted in 2009 and the 2006 policy will apply in his case, and, as per 2006 policy, it allows remission on account of age and infirmity. Gawli is now 72 years old.
She pressed that the state government has changed its remission policy in 2015, but this court has held that the policy will apply which was applicable when he was convicted. On the aspect of Gawli's health, state's counsel said he has been continuously smoking for 40 years.
Ramakrishnan vehemently argued, "So what, you cannot keep him inside because of this. He is not on trial for smoking. The advisory board has certified that he is infirm at his age, therefore the 2006 policy would apply since he was convicted then...". However, the bench said, "We are not inclined to grant any interim relief. The interim stay granted by us is confirmed....".
Gawli, who is undergoing life imprisonment for the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar, claims to have complied with all the conditions of the 2006 policy. Gawli has contended that he is of advanced age and has been certified as weak by the medical board, making him eligible for availing the benefit of the remission policy.
