Supreme Court Justice MM Sundresh Today (Aug 26) recused himself from hearing the bail plea of lawyer and activist Surendra Gadling in the 2016 Surajgarh arson case. The matter will now be placed before another bench of the Supreme Court.
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NEW DELHI: The Supreme Court of India on Tuesday witnessed a major development in the Surajgarh arson case of 2016.
Justice MM Sundresh of Apex Court has recused himself from hearing the bail application of lawyer and activist Surendra Gadling.
According to the information uploaded on the official website of the Supreme Court,
“The matter is not to be listed before Justice Sundresh.”
This means that the case will now be heard by another bench of the apex court.
Earlier, the Nagpur Bench of the Bombay High Court, in January 2023, had rejected Gadling’s bail plea. Following this rejection, the matter reached the Supreme Court as an appeal, filed through advocate Nupur Kumar.
The case dates back to December 2016, when around 39 vehicles used for transporting iron ore from Surajgarh mines in Gadchiroli, Maharashtra were allegedly set ablaze by Maoists. Following the incident, the Gadchiroli Police lodged a First Information Report (FIR) and charged multiple persons, including Surendra Gadling.
The FIR included grave charges under several provisions of the Indian Penal Code (IPC) such as:
- Section 307 (attempt to murder)
- Sections 341 and 342 (wrongful restraint and wrongful confinement)
- Section 435 (mischief by fire or explosive substance)
- Section 323 (voluntarily causing hurt)
- Section 504 (intentional insult with intent to provoke)
- Section 506 (criminal intimidation)
- Sections 143, 147, 148, 149 (unlawful assembly and rioting)
- Section 120-B (criminal conspiracy)
In addition to IPC offences, Gadling was also charged under Sections 16, 18, 20, and 23 of the Unlawful Activities (Prevention) Act (UAPA), which relate to punishment for terrorist activities. Some provisions of the Arms Act were also applied.
The High Court order had made strong observations. It noted:
“Allegations that Gadling had direct membership of the banned organisation, Communist Party of India (Maoist) seemed to be prima facie true.”
The Court further stated that:
“Seriousness of the allegations far outweighed the submissions made for bail.”
Apart from the Surajgarh incident, Gadling is also an accused in the 2018 Bhima Koregaon case, which is currently being investigated by the National Investigation Agency (NIA).
At present, Gadling continues to remain in judicial custody at Taloja Central Prison.
CASE TITLE:
Surendra Pundalik Gadling vs State of Maharashtra.
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