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.
![[2016 Surajgarh Arson Case] "Not A Usual Matter": SC Gives State Two Weeks To Submit A Response To Surendra Gadling's Bail Plea](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Special-food-for-the-rich-infested-curries-for-others_-Lawyer-on-graft-in-Taloja-canteen-_-Mumbai-news-Hindustan-Times.png?resize=549%2C309&ssl=1)
NEW DELHI: The Supreme Court on Wednesday (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.
In January 2023, the Nagpur Bench of the Bombay High Court had rejected Gadling’s bail plea, prompting the current appeal to the Supreme Court, represented by advocate Nupur Kumar.
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 is also an accused in the Bhima Koregaon case of 2018, which is under investigation by the National Investigation Agency (NIA). Currently, Gadling is in judicial custody at Taloja Central Prison.
The High Court noted that the allegations of Gadling’s direct membership in the banned Communist Party of India (Maoist) appeared to be prima facie true and observed that the gravity of the allegations outweighed the arguments presented for bail. Senior Advocate Anand Grover, along with advocates Paras Nath Singh and Rohin Bhatt, represented Gadling.
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]
