HC grants 28-day furlough to gangster Gawli

NAGPUR: The Nagpur bench of Bombay High Court on Tuesday granted 28 days furlough to underworld don Arun Gawli, who is serving a life sentence for the 2007 murder of Sena corporator from Mumbai, Kamlakar Jamsandekar.

A division bench comprising Justices Nitin Sambre and Vrushali Joshi overturned the prison authorities' decision to deny him his statutory right and dismissed prosecution's contention that as per amended rules, MCOCA convicts would be denied furlough. The bench noted the gangster had applied for it before amendments were sanctioned.

Gawli had initially sent his application on August 18, 2024. However, it was declined by the deputy inspector general (DIG) of prisons on October 14, 2024, citing potential law-and-order concerns in the run-up to Maharashtra assembly elections.

Contesting the rejection, Gawli approached HC through counsel Mir Nagman Ali, asserting the denial was arbitrary and unlawful. Ali maintained his client had meticulously followed all protocols during previous furloughs and parole periods. He emphasised that furlough is a provision granted under prison rules to allow inmates periodic respite and societal reintegration.

The counsel highlighted that Gawli's conduct during past releases demonstrated adherence to legal stipulations, and the DIG's apprehensions were unsubstantiated. "The prison authority's verdict was conjectural and unsubstantiated. Gawli's consistent exemplary behaviour should not have been disregarded," he contended.

The court acknowledged these submissions and observed that Gawli's entitlements under law could not be restricted merely on presumptions on potential disruptions. After examining the circumstances and legal precedents, the bench nullified the DIG's order and sanctioned furlough to the don.

Gawli, a notorious underworld figure in Mumbai, has been incarcerated at Nagpur Central Jail since his conviction on August 3, 2012, along with 11 others for the contract killing of Jamsandekar.