'Gabbar Aa Jaayega': SC Cites Iconic Sholay Dialogue in Arun Gawli Case; Upholds Stay On His Release

In a notable development, the Supreme Court reaffirmed its decision to stay the premature release of Arun Gawli, a gangster-turned-politician currently serving a life sentence for murder. Citing the iconic film dialogue “So ja beta, warna Gabbar aa jayega” from the movie Sholay, the court confirmed its earlier ruling. A bench consisting of Justice Suryakant and Justice Dipankar Dutta decided to maintain the stay on the April 5 order by the Nagpur bench of the Bombay High Court. The Supreme Court upheld its previous order from June 3 and scheduled a hearing for November 20 to review the appeals.

The High Court had previously directed state authorities to review Gawli’s application for premature release in accordance with the 2006 remission policy. The Supreme Court bench, however, stated that interim relief would not be granted and the earlier issued interim stay order would remain in effect. The appeal will be heard on November 20, stated the apex court.

During the proceedings, senior advocate Raja Thackeray, representing the Maharashtra government, highlighted that Gawli faces over 46 charges, including approximately 10 murder cases. In response to the Supreme Court’s inquiry about Gawli’s activities over the past 5 to 8 years, Thackeray noted that Gawli had been incarcerated for more than 17 years. Thackeray contended that under the Maharashtra Organised Crime Control Act (MCOCA), convicts must serve a minimum of 40 years before being eligible for remission, as stipulated by the 2015 policy.

Senior advocate Nitya Ramakrishnan, representing Gawli, argued that other co-accused in the case have been granted bail and that the Bombay High Court’s decision to permit premature release was appropriate. Ramakrishnan also pointed out that while the state government revised its remission policy in 2015, Gawli’s conviction dates back to 2009, making the 2006 policy applicable. This older policy permits exemptions based on age and physical infirmity.

In response to Gawli’s lawyer, the Supreme Court bench remarked, “Not everyone is Arun Gawli. There is a famous line from the film Sholay, ‘So ja beta, warna Gabbar aa jayega,’ which reflects a similar situation here.” However, Ramakrishnan detailed the convict’s health issues, including heart and lung diseases. In response, the state government’s lawyer attributed these health problems to Gawli’s long-term smoking habit over the past 40 years.

Ramakrishnan responded that the issue of smoking was irrelevant as there were no charges related to smoking against Gawli. “The advisory board has confirmed that Gawli is vulnerable due to his age, so the 2006 policy should apply, as he was convicted under that policy. The 2015 policy should not be applied in this case,” she added.

On June 3, the Supreme Court stayed the April 5 order of the Nagpur bench of the Bombay High Court, which had instructed state authorities to review Gawli’s application for premature release under the 2006 remission policy.