Supreme Court to Hear Surendra Gadling's Bail Plea in 2016 Arson Case on October 14

Court Scheduling

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 listed the matter for October 14 after Additional Solicitor General SV Raju, appearing for the Maharashtra police, requested the matter be heard on a non-miscellaneous day.

Senior advocate Kapil Sibal, representing Gadling, said his client was granted bail in the Bhima Koregaon case but remains in jail for seven-and-a-half years regarding the 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," Sibal told the court. He urged the court to fix the matter for hearing.

The bench responded: "List this appeal on October 14."

Background of the Case

Gadling is one of 16 civil liberties activists arrested in the 2017 Bhima Koregaon case, and is the only one among that group still in jail. He was prosecuted by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) over alleged Maoist links in that case, and was granted bail but remained behind bars as his bail application in the separate 2016 arson case was pending in the Supreme Court.

Gadling had filed an appeal against a January 2023 order of the Nagpur bench of the Bombay High Court that refused him bail in the arson case.

The 2016 incident refers to December 25, 2016, when Maoists activists allegedly set ablaze 76 vehicles used for transporting iron ore from Surjagarh mines in Gadchiroli, Maharashtra. Gadling is accused of providing aid to Maoists, being part of a conspiracy with co-accused (some of whom are absconding), being booked under the anti-terror law UAPA and Indian Penal Code, provided secret information about government activities and maps, asking Maoists to oppose the operation of Surjagarh mines, and instigating locals to join the movement.

Arguments Before the Court

Sibal argued that "Another case was foisted on him at the same time" in addition to the Elgar Parishad-Maoist links case. He asserted that per the allegations, some people came and burned the trucks, and that those accused of the burning are already on bail. On the other hand, ASG S V Raju, appearing for the Maharashtra government, indicated the matter could be listed for listening on the day. "I have to point out the evidence against him," said Raju, indicating the state's readiness to present relevant evidence.

The bench directed to list the appeal for hearing on October 14.

Recusals

Earlier, three apex court Judges have recused themselves from hearing Gadling's bail plea so far, including Justice Shree Chandrashekhar, Justice Atul Chandurkar, and Justice MM Sundresh. On July 21, Justice Shree Chandrashekhar had recused himself.

Related Elgar Parishad Case

Gadling is also an accused in the Elgar Parishad-Maoist links case, which pertains to alleged provoking speeches at the conclave held on December 31, 2017 at Shaniwarwada in Pune. Police claimed the speeches triggered the violence the next day near the Koregaon- Bhima War Memorial in Pune district.

-- Note: Some details like the exact time and date of the Supreme Court order may be based on the consistency of reporting by sources noted, but are presented as per the available material.