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Saturday, August 2 1997

Gawli-govt battle now in SC

J Dey

MUMBAI, August 1: The state government is in no mood to leave Arun Gawli alone. After its unsuccessful attempts to detain the don under the National Security Act (NSA) and then in cases related to an attack on a journalist and the forceful eviction of a woman from Dagdi Chawl, it is now pursuing with renewed vigour in Supreme Court its writ petition seeking a fresh hearing in the Parasnath murder case, in which Gawli's conviction by a sessions court was reversed by high court. The murder took place in 1980.This time, however, they are not taking any chances - orders have been given to employ the services of a top criminal lawyer. Top police officials have been told to study the case files carefully and make available all the material sought by the prosecution lawyers. Police commissioner S C Malhotra today told Express Newsline: ``We have gone in appeal against the HC order. The matter has come on board and will come up for hearing any time now.''

Gawli was acquitted after his lawyers convinced the high court that the two prosecution witnesses - Shiv Dutt Dubey and Appa Patel - on whose testimony the don was convicted by the sessions court were history-sheeters. The prosecution will now stress before the SC that a witness' police record can't be a reason to suspect his/her testimony.

The City Civil and Sessions Court had in 1982 convicted Arun Gulab Gawli to life imprisonment in the Pande murder case. Pande and Gawli's paths crossed when the former increased the stake amount in his `matka den' in Central Mumbai, then a stronghold of Naik gang, to attract more customers. The move was seen as S-Bridge Gang (Byculla) leader Mohan Samalkar's (a gangster for whom Pande worked) challenge to Naik's authority. Large-scale rioting followed and Rama Naik, Babu Reshim and Gawli were externed for two years. Naik was later booked under the Maintenance of Internal Security Act (MISA). But Pande did not stop at this. He provoked `Cobra gang' leader Shashi Rasam to attack Rama Naik. Fearing more attacks from Pande and his goons, Gawli along with his associates allegedly murdered Pande near Tambat Naka transit camp, Byculla.

Senior officials claim that Ramakant Shankar Naik, Babu Gopal Reshim, Vilas Pandurang Chougle, Motiram Ramchandra Mahadik, Vinay Mohandas Shetty and Mohan Choudhary were also involved in the killing.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

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