Supreme Court Justice AS Chandurkar recused from hearing Surendra Gadling’s bail plea in the 2016 Surajgarh arson case. The matter will now be placed before a new Bench, further delaying the bail hearing.
The Supreme Court on Thursday saw another recusal in the bail plea filed by lawyer and activist Surendra Gadling in connection with the 2016 Surajgarh arson case. Justice Atul S Chandurkar recused himself from hearing the matter when the case was listed before a Bench of Justices JK Maheshwari and Atul S Chandurkar. Earlier, Justice MM Sundresh had also recused from hearing the same case, which has led to repeated changes in the Bench hearing the bail plea.
The case is titled “Surendra Pundalik Gadling vs State of Maharashtra”. During the previous hearing, a Bench of Justices JK Maheshwari and Vijay Bishnoi had adjourned the matter but indicated that timelines could be fixed to ensure that there are no further delays in the trial.
The Supreme Court had shown concern about the delay in the trial process and had considered setting a schedule so that the case could move forward without unnecessary postponements.
This case arises from the Surajgarh arson incident that took place in December 2016 in Gadchiroli district of Maharashtra. During the incident, around 39 vehicles that were engaged in transporting iron ore from the Surajgarh mines were allegedly set on fire by Maoists.
Following the incident, the Gadchiroli Police registered a First Information Report (FIR) and invoked several serious offences under the Indian Penal Code. These included Section 307 for attempt to murder, Sections 341 and 342 for wrongful restraint and wrongful confinement, Section 435 for mischief by fire or explosive substance, Section 323 for voluntarily causing hurt, Section 504 for intentional insult, Section 506 for criminal intimidation, and Sections 143, 147, 148 and 149 related to rioting and unlawful assembly.
Section 120-B relating to criminal conspiracy was also invoked. In addition to IPC offences, the police also invoked provisions of the Unlawful Activities (Prevention) Act (UAPA) and certain provisions of the Arms Act.
Surendra Gadling was among the persons implicated in the case and was charged with offences under the UAPA, which makes the grant of bail more difficult due to the stringent provisions of the law.
After his bail plea was rejected by the Nagpur Bench of the Bombay High Court in January 2023, Gadling filed an appeal before the Supreme Court through advocate Nupur Kumar, seeking bail in the case.
It is also important to note that Gadling is an accused in the Bhima Koregaon case of 2018, which is being investigated by the National Investigation Agency (NIA). Due to the serious nature of the allegations and the multiple cases against him, the matter has been closely watched in legal circles.
At present, Surendra Gadling is in judicial custody and is lodged at Taloja Central Prison. With Justice Atul S Chandurkar recusing from the case, the matter will now have to be placed before another Bench of the Supreme Court for further hearing on the bail plea.
The repeated recusals have resulted in delays in the hearing of the bail application, and the Supreme Court is expected to constitute a new Bench to continue hearing the matter.
Case Title:
Surendra Pundalik Gadling vs State of Maharashtra
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