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In a significant development, the Bombay High Court has directed the premature release of underworld figure Arun Gulab Gawli, following a criminal repetition filed by him challenging the rejection of his claim for early release under a government notification.
The division bench, comprising Justice Vinay Joshi and Justice Vrushali Joshi, allowed Gawli’s petition, which contested the denial of premature release based on a government notification issued on January 10, 2006.
Gawli’s application for early release had been turned down by the authorities citing a subsequent notification from December 1, 2015, which granted benefits to convicts under the Maharashtra Control of Organised Crime Act (MCOCA).
Advocate Nagman Ali, representing Gawli, argued that since Gawli was convicted in 2009, the 2015 notification should not apply to him. He contended that the earlier 2006 notification should govern Gawli’s case, as it did not specifically exclude convicts under MCOCA.
The state, however, maintained that the 2015 notification excluded MCOCA convicts from its purview, and even the 2006 notification did not extend benefits to convicts under acts such as the NDPS Act, TADA Act, and MPDA, among others.
After hearing arguments from both sides, the division bench delivered its verdict on April 5, 2024, ruling in favor of Gawli. The court held that Gawli should be entitled to the benefits of the 2006 policy and cannot be excluded based on the rule of ejusdem generis. The state was directed to make a decision on Gawli’s release within four weeks from the date of the order.
Advocate Mir Nagman Ali represented Arun Gulab Gawli in the proceedings.
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