SC cites 'Sholay' dialogue to decline relief to gangster Arun Gawli

A bench of Justices Surya Kant and Dipankar Dattamade absolute its June 3 order staying the operation of the April 5 order of the Bombay High Court's Nagpur bench and posted the appeals for hearing on November 20.

New Delhi: The Supreme Court on Wednesday referred to a popular dialogue from the iconic Hindi blockbuster "Sholay" in declining any relief to dreaded gangster Arun Gawli seeking premature release.

A bench of 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 observed this dialogue fit well in the instant case.

On behalf of Gawli, senior advocate Nitya Ramakrishnan, contended that other co-accused had been given bail in the matter and the Bombay High Court was right in granting premature release. 

She said the petitioner 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, 2024 order, which stayed the operation of the April 5 order of the Bombay High Court's Nagpur bench. 

The court fixed 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. 

The Maharashtra government opposed it as Gawli faced over 46 cases, including around 10 cases of murder, against him. It said under the Maharashtra Control of Organised Crime Act (MCOCA),  convicts had to undergo imprisonment for at least 40 years for remission in terms of the 2015 policy. 

Gawli's counsel said since her client was convicted in 2009, and the 2006 policy will apply, which allowed remission on account of age and infirmity. 

Gawli, now 72, is undergoing life imprisonment for the 2007 murder of Mumbai Shiv Sena corporator Kamlakar Jamsandekar.