Institute of Legal and Management Studies

Lawyer and activist Surendra Gadling today objected to the State of Maharashtra's delay in filing an affidavit before the Supreme Court in his plea seeking bail in the 2016 Gadchiroli arson case.

At the request of Additional Solicitor General SV Raju (for State), a bench of Justices JK Maheshwari and Vijay Bishnoi however granted the State 1 week's time to file the document, as a last opportunity.

Senior Advocate Anand Grover appeared for Gadling and contended that about 6 weeks have passed since the State was asked to file the affidavit explaining the reasons for the delay in trial. However, the same had not been filed and the trial alongwith the co-accused was not being split despite their absconding.

Giving time to the parties to file their respective affidavit/rejoinder, the bench re-listed the matter.

Gadling filed the present appeal challenging the Bombay High Court order denying him bail in the arson case. He is also in custody in the Bhima Koregaon case being prosecuted by the NIA, under the UAPA, over alleged Maoist links, since June 2018.

Gadling has been booked under various sections of the UAPA and IPC for allegedly being part of a conspiracy by Maoists to set fire to over 80 vehicles transporting iron ore from Surjagarh mines in Etapalli tehsil, Distt. Gadchiroli, Maharashtra. The prosecution has alleged that he gave directions to other accused to set the vehicles on fire and cause loss of property in the incident.

This bench is hearing the matter after Justice MM Sundresh recused.

In September, the Court had raised concerns over the prolonged pendency of trial in the present case. It asked whether a person can be kept in custody as an undertrial for many years. Further, it sought following information sought from the State: (a) What is the reason for delay in trial, (b) Reason for non-disposal of applications seeking discharge, (c) The scheme of prosecution - in what manner they require to proceed with trial and also the split of trial with other co-accused persons who have not been arrested till now, (d) In how much period will the prosecution complete the trial?

Background

Gadling is booked under Sections 307, 341, 342, 435, 323, 504, 506, 143, 147, 148, 149 and 120(B) of IPC, Sections 5 and 28 of Arms Act, Section 135 of the Maharashtra Police Act and Sections 16, 18, 20 and 23 of UAPA.

The Bombay High Court rejected his bail plea after determining that he was part of a conspiracy to abet terrorist acts, based on letters and a hard drive seized during the investigation. The Court determined that prima facie, Gadling wasn't merely the advocate of some members of the banned Communist Party of India (Maoist) but was himself a formal member of the organization.

In 2023, the Supreme Court bench of Justice Aniruddha Bose and Justice Bela Trivedi issued notice on Gadling's plea.

Gadling has been lodged in Taloja prison since June 2018 following his arrest in the Bhima Koregaon case. He was later arrested in February 2019 in connection with the Gadchiroli arson case.

In 2024, the High Court also rejected default bail applications filed by Gadling and co-accused Mahesh Raut in the Bhima Koregaon-Elgar Parishad case of 2018. Prior to that, in December 2021, the High Court had granted default bail to co-accused Sudha Bharadwaj but rejected it for Gadling and eight others.

Case Title: Surendra Pundalik Gadling v. State of Maharashtra, Crl.A. No. 3742/2023