Mumbai :- Division bench comprising of Justice, Vinay Joshi and Justice Vrushali Joshi have allowed the criminal repetition filed by underworld on Arun Gulab Gawali challenging rejection of his claim to be release prematurely in view of government notification dated 10/01/2006.
The application preferred by Arun Gulab Gawli was rejected by the respondents on the count that the state government had come up with an fresh notification dated 1 December 2015, by which a convict under MCOCA act was held entitled to the benefit of said policy Decision.
Advocate Nagman Ali appearing for Arun Gulab Gawli had argued that the Gawli would be entitled to benefit benefit of 2006 notification in view of the fact that he was convicted in the year 2009, and therefore, a subsequent notification which had come into force in the year 2015 would not have any applicability to Gawli.
The state had registered the petition filed by Gawali on the ground that the 2015 notification specifically excludes the convict under MCOCA act from benefit of said policy. it was further submitted that the even 2006 notification makes it clear that convicts under the act like NDPS Act, TADA act, MPDA etc are not entitled to the benefit of the policy. it was further contended that the terminology that is used is et cetera, and therefore even conviction the MCOCA act would not be entitled to benefit of 2006 policy by taking resort to rule of ejusdem generis.
After hearing the advocate, Mir Nagman Ali for Gawli and Advocate MJ khan for the state of Maharashtra, the division bench comprising of Justice, Vinay Joshi and Justice Vrushali Joshi on 5-04-2024 pronounce the judgement in “holding that Gawali would be entitled to the benefit of 2006 policy and he cannot be excluded from the benefit benefit of policy by resorting to rule of ejusdem generis. The state has been directed to take decision on his release within a period of four weeks from the date of order.
Adv Mir Nagman ali appeared for Arun Gulab Gawli.
