The Supreme Court has scheduled activist Surendra Gadling's bail plea in the 2016 Surajgarh arson case for October 14. His lawyer noted he has been jailed for over 7 years, while other accused in the same case are out on bail.
The Supreme Court on Tuesday posted for October 14 a petition filed by activist and lawyer Surendra Gadling seeking bail in the 2016 Surajgarh iron ore mine arson case.
A bench of Justices Vikram Nath, Sandeep Mehta and Augustine George Masih posted the matter for October 14 after Additional Solicitor General SV Raju, appearing for Maharashtra police, requested to hear the matter on a non-miscellaneous day.
Senior advocate Kapil Sibal, appearing for Gadling, who has been jail for seven-and-a-half years, said that his client was granted bail in the Bhima Koregaon case but is in jail in the Surajgarh arson case.
"The allegation was that there was a truck and people came in purple clothes and they burned the truck. All those who burned the truck are on bail now. I am implicated, and I am the only one not on bail for seven years and seven months," said Sibal and urged the court to fix the matter for hearing.
"List this appeal on October 14," said the bench.
Background of Gadling's Legal Battles
Gadling, one of the 16 civil liberties activists arrested in the 2017 Bhima Koregaon case, was booked under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) for an alleged conspiracy to topple the government. He is the only person among the 16 still in jail. He was prosecuted by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA), over alleged Maoist links in the Bhima Koregaon case, and was granted bail in the matter but remained behind bars as his bail application in a separate 2016 arson case was pending before the Supreme Court.
Previous Recusals by Judges
Earlier, three apex court judges recused themselves from hearing Gadling's bail plea in the arson case. Justice Shree Chandrashekhar, Justice Atul Chandurkar and Justice MM Sundresh have recused themselves so far.
Gadling had filed an appeal in the apex court challenging the Bombay High Court order denying him bail in the 2016 Surajgarh iron ore mine arson case.
Earlier, Sibal had said that Gadling has been jailed for seven-and-a-half years and the apex court had issued notice on his bail plea in 2023, but the matter has witnessed recusals by the judges.
The Surajgarh Arson Case Allegations
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).
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 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 Surajgarh mines, and of having instigated many locals to join the movement.
The Bhima Koregaon Connection
Regarding the Bhima Koregaon case, prominent lawyers, activists, and academics were among those booked in connection with allegedly provocative speeches that were delivered at the Elgar Parishad conclave held in Pune on December 31, 2017. According to the police, the speeches triggered violence at Koregaon-Bhima, on the outskirts of Pune city, the next day. (ANI)
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