Arun Gawli was detained under the Maharashtra Prevention of Dangerous Activities (MPDA) Act on September 18 last year. Under the MPDA the government is empowered to detain an accused at any jail in the state. However, before taking such a decision government usually consults the police department. For Gawli, Amravati Central Prison was chosen as police feared he could continue to run his gang's operations if lodged in a jail near Mumbai.Gawli's detention was confirmed by an advisory board on October 10 and ratified by the government on November 11. Gawli and his accomplices were charged in six criminal cases pending trial in various Mumbai and Thane courts. None of the courts had, however, recorded any evidence against Gawli. This provided Gawli's lawyers an opportunity to arrange his dates in such a manner that he would be required to appear in one court or the other, either in Mumbai or in Thane, almost every alternate day. This they managed successfully.
The dates set by the courts for Gawli'shearings were as follows: 5.12.97, 8.12.97, 9.12.97, 18.12.97, 29.12.97, 2.1.98, 5.1.98, 8.1.98, 12.1.98, 15.1.98, 22.1.98, 27.1.98, 2.2.98, 3.2.98, 6.2.98, 11.2.98, 16.2.98, 20.2.98 and 26.2.98. The Crime Branch officers were concerned to see that Gawli had been allotted five dates in December, seven in January and seven in February. As a result they could not take Gawli back to Amravati jail once he was driven to the city on December 5, 1997 till February 11, 1998. During this period he was lodged at the Thane jail and it became clear that it was just what the don wanted. Soon, the number of Gawli's associates began swelling in Thane jail. From 6 in September 1997 their numbers jumped to 40 in January 1998 and 51 in February.
In the second week of February Mumbai police decided to put its foot down and decided to take Gawli to Amravati even if it meant that he would have to be brought back only days later. On February 11, the day Gawli was to be taken back, he appealed in the Thane court that he wasnot well and would not like to undertake the long journey. Judge Sevekar ruled in his favour and directed that he be kept in Thane jail.
When the Thane police officials pointed out that Gawli was an MPDA detenue and the court did not have the power to order its detention at any jail other than the one suggested by the government, Sevekar directed that Gawli be examined by the jail doctor. The jail medical officer, Dr Baviskar certified that though Gawli had slight backache, joint pain and loose motions, he was fit to undertake the journey. However, Sevekar ignored Dr Baviskar's report and directed that Gawli be kept at the Thane jail.
That cost him his job. The assistant commissioner of police, Thane crime branch, L D Godbole and Dr Baviskar filed an affidavit in the sessions court and parallelly the Thane police filed an appeal claiming that Sevekar's order was beyond his jurisdiction, illegal, incorrect and improper. Additional Sessions Judge K D Patil set aside the order.
Later, the Mumbai andThane police filed complaints against Sevekar in the HC and an enquiry was instituted. Sessions Judge K D Patil, who was asked to conduct the enquiry, found him guilty of misconduct.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.