A bench of Justices M M Sundresh and Aravind Kumar deferred the hearing after Gadling’s counsel requested more time to review the reply filed by Maharashtra in the case.
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NEW DELHI: The Supreme Court on Wednesday (18th Dec) adjourned the bail plea of advocate Surendra Gadling in the 2016 Surjagarh iron ore mine arson case until the second week of January.
A bench of Justices M M Sundresh and Aravind Kumar deferred the hearing after Gadling’s counsel requested more time to review the reply filed by Maharashtra in the case.
Previous Hearing
Earlier, The top Court on 4th Dec, expressed its disapproval of the Maharashtra government’s request for an adjournment in the bail plea filed by lawyer and activist Surendra Gadling in the 2016 Surajgarh arson case. The State sought the delay on the grounds that some documents were still to be submitted.
A Bench consisting of Justices MM Sundresh and Aravind Kumar stated that this case was not a “usual matter” and needed to be heard without postponement.
“Matters like this we have to hear. This is not a usual matter. We have to hear this,” the Court remarked. Eventually, the Court granted the State two weeks to file the necessary documents.
On October 10, 2023, the top court issued a notice to the state government, asking for a response within four weeks.
Earlier, on January 31, 2023, the Nagpur bench of the Bombay High Court had denied Gadling bail, stating that the allegations against him appeared to be prima facie true.
In December 2016, around 39 vehicles transporting iron ore from the Surajgarh mines in Gadchiroli, Maharashtra, were allegedly set ablaze by Maoists. The Gadchiroli Police registered an FIR, with charges under Sections 307 (attempt to murder), 341, 342 (wrongful restraint), 435 (mischief by fire), 323 (voluntarily causing hurt), 504 (insult), 506 (criminal intimidation), 143, 147, 148, 149 (rioting), 120-B (criminal conspiracy) of the IPC, Sections 16, 18, 20, 23 (terrorist activities) of the UAPA, and relevant provisions of the Arms Act. Gadling was implicated and charged with UAPA offences.
He faces charges under the Unlawful Activities Prevention Act, as well as the IPC. The prosecution claims he provided sensitive information to the Maoists, including maps of certain areas, and encouraged locals to oppose the operation of the Surjagarh mines.
In addition, Gadling is involved in the Elgar Parishad-Maoist links case, related to alleged inflammatory speeches made at the Elgar Parishad event in Pune on December 31, 2017, which the police claim led to violence the following day near the Koregaon-Bhima memorial.
Background
Surendra Gadling, a human rights lawyer, was arrested on June 6, 2018, by Maharashtra police along with several other prominent Dalit and Adivasi rights activists. The authorities accused them of inciting caste-based violence during speeches on December 31, 2017, which allegedly led to violent clashes in Bhima Koregaon and surrounding villages the following day. They were also charged with having connections to banned Maoist groups. Gadling faced multiple charges under the Penal Code and the Unlawful Activities (Prevention) Act (UAPA).
On October 5, 2018, several UN human rights experts expressed concern that the charges were being used to target human rights defenders advocating for the rights of Dalit, indigenous, and tribal communities in India.
Gadling’s case was transferred from Pune to a special National Investigation Agency court in Mumbai on February 14, 2020.
On August 13, 2021, Gadling was granted temporary bail by the Bombay High Court to attend his mother’s funeral rites on the first anniversary of her death. His request for interim bail at the time of her death had been denied, and he returned to jail afterward.
In December 2023, Gadling was granted temporary bail again, this time from December 25 to January 2, 2024, to attend a family wedding.
Gadling’s health has reportedly worsened due to a lack of proper medical care. He suffers from hypertension, diabetes, cardiac issues, syncope, and lumbar and cervical spondylitis. He is currently incarcerated at Taloja Central Jail, Navi Mumbai.
[Case Title: Surendra Pundalik Gadling vs State of Maharashtra]
