Supreme Court judge Justice Shree Chandrashekhar has recused himself from hearing advocate Surendra Gadling's bail plea in the 2016 Surjagarh arson case. He is the third judge to do so. Gadling has been in jail for over seven years.

Supreme Court judge Justice Shree Chandrashekhar on Tuesday recused from hearing the bail plea of advocate Surendra Gadling in the 2016 Surjagarh iron ore mine arson case. The matter was listed before a bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar.

As the matter came up for hearing, an advocate on behalf of Additional Solicitor General SV Raju, who represents the National Investigation Agency in the case, sought a passover. However, Justice Mishra said the matter will go before another bench since Justice Chandrashekhar has some difficulty hearing the matter.

"It will go to some other combination (of bench), my brother has some difficulty. Post before the bench in which one of us is not there," Justice Mishra said.

Justice Chandrashekhar is the third judge who recused from hearing the case so far. Justice Atul Chandurkar and Justice MM Sundresh have recused so far.

Gadling has filed an appeal challenging the Bombay High Court order denying him bail in the 2016 arson case. He has also been in custody in the Bhima Koregaon case being prosecuted by the NIA, under the UAPA, over alleged Maoist links, since June 2018.

Background of the Cases

Last week, senior advocate Kapil Sibal, appearing for Gadling, sought urgent hearing of the case, saying he has been jailed for seven-and-a-half years. Sibal said that the court had issued notice on his bail plea in 2023, but the matter has witnessed recusals by the judges.

The case relates to arson from 2016, when several vehicles carrying iron ore were burnt in Gadchiroli, Maharashtra, by individuals belonging to the banned organisation, the Communist Party of India (Maoist).

Gadling, one of the several civil liberties activists in the Bhima Koregaon case, has been booked under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) for an alleged conspiracy to topple the government. He was booked under various provisions of the anti-terror law, the UAPA, and the Indian Penal Code. He was arrested in June 2018 by the Pune Anti-Terrorism Squad in the Bhima-Koregaon case.

The apex court was hearing Gadling's bail plea in connection with the 2016 Surjagarh iron ore mine arson case. The Nagpur bench of the Bombay High Court on January 31, 2023, had refused to grant bail to Gadling. The High Court had noted that, prima facie, the accusations against him were true.

On December 25, 2016, Maoist rebels had allegedly set ablaze 76 vehicles that were being used for transporting iron ore from Surajgarh mines in Maharashtra's Gadchiroli. Allegations against Gadling are that he provided aid to Maoists, who were working at the ground level.

As per the prosecution, he entered into a conspiracy with various co-accused, including some absconding in the case. The prosecution had claimed that Gadling provided secret information about government activities and maps of certain areas to underground Maoist rebels. He was also accused of having asked the Maoists to oppose the operation of Surjagarh mines, and of having instigated many locals to join the movement. (ANI)

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