Nagpur, 05 Apr: Underworld don Arun Gawli has been released prematurely following the orders issued by Justice Vinay Joshi and Justice Vrushali Joshi of the Nagpur Bench of Bombay High Court on Thursday. The order was issued in response to the petition filed by Gawli challenging the rejection of his claim to be released prematurely given the Government notification of January 10, 2006.
The application by Gawali was made after the fresh notification dated December 1, 2015, by which the convict under MCOCA was entitled to the benefit under the said policy decision.
Adv Mir Nagman Ali who held brief for Gawli argued that Gawli would have been entitled for benefit under the 2006 notification in view of the fact that he (Gawli) was convicted in the year 2009. The fresh notification of 2015 would not apply in the case. The notification of 2015 specifically excludes the convict under MCOCA from the benefit of the 2006 policy.
After hearing Ali and State Government counsel Adv M J Khan, the judges held that Gawli is entitled to benefit of the 2006 policy under the rule of ejusdem generis (of the same kind and nature). The State has been directed to take the decision on Gawli?s release within a period of four weeks from the date of the order.
