7 years without trial: Supreme Court defers Surendra Gadling's bail plea in Surajgarh arson case again

The Supreme Court on Wednesday deferred by one more month the bail application filed by lawyer-activist Surendra Gadling in connection with the 2016 Surajgarh arson case.

A Bench of Justices JK Maheshwari and Vijay Bishnoi adjourned the matter after proposing that timelines could be fixed to ensure that there are no further delays in the trial of the case.

"We want to propose something. We say that the trial is pending (for which record is to be called for), let one officer be appointed who will get that record to the Court. Both of you (Gadling's counsel and the State's counsel) can inspect. We can give a week’s time. Thereafter, let the charges be framed and dates be fixed and arguments be advanced," the Bench said.

It added that the bail plea could be heard a month from today, while the above steps are being taken.

"We are fixing it after a month and in the meantime, all this procedure may be complete," the Court said.

Gadling's counsel, Senior Advocate Anand Grover today reiterated that his client should be granted bail given the delays noticed in the trial against him.

"Again there is delay (in trial). They couldn’t produce me (Gadling). Three times I was produced, VC did not work. Their application has been forwarded to sessions court. It hasn’t been taken up at all," Grover said.

"There is no delay," Additional Solicitor General (ASG) SV Raju rebutted.

After the Court suggested that it could hear bail proceedings by a month while awaiting progress in the trial process, Grover raised concerns that his client would continue to be jailed for a prolonged time.

"The electronic evidence copies will not be available," he pointed out.

"Go there and inspect and make your submission," the Bench replied to Grover.

"But I (Gadling) am in jail. It has to be produced first. There’s a huge record. It can’t be done in one week. This is a very serious case. My liberty is deprived. There is no case against me on merits. I am in (jail) for 7 years! What is this country coming to?" Grover protested.

He then urged the Court to hear him out further on the merits of the allegations against Gadling, when the bail case is heard next.

"Allow me to argue on the matter after this one month. With the way it’s been going on, I have my serious doubts. I want to argue on merits after one month if nothing happens. Can that liberty be given to me?" he requested the Court.

The Court accepted the request, adding that it would also enquire into whether a trial judge is readily available to finish hearing Gadling's case.

"Of course. We will first ascertain this fact from the registry if there is any judge in the NIA Court Mumbai. We will pass an order after talking to the Chief Justice (of Bombay High Court, to ensure trial courts are not vacant and judges are assigned)," the Bench said, before adjourning the matter.

The Nagpur Bench of the Bombay High Court had in January 2023 rejected the bail plea of Gadling in the matter, leading to the instant appeal before the Supreme Court through advocate Nupur Kumar.

The Surajgarj arson happened in December 2016 when around 39 vehicles engaged in transporting iron ore from Surajgarh mines in Maharashtra's Gadchiroli were allegedly set on fire by Maoists.

The Gadchiroli Police then registered an FIR for offences punishable under Sections 307 (attempt to murder), 341, 342 (wrongful restraint and constraint), 435 (mischief by fire explosive), 323 (voluntarily causing hurt), 504 (intentional insult), 506 (criminal intimidation), 143, 147 (punishment for rioting), 148, 149 (rioting in unlawful assembly) and 120-B (criminal conspiracy) of the Indian Penal Code, Sections 16, 18, 20 and 23 (punishment for terrorist activities) of the Unlawful Activities (Prevention) Act (UAPA), and certain provisions of the Arms Act.

Gadling was among those implicated for the incident and he was charged with UAPA offences.

Gadling is also an accused in the Bhima Koregaon case of 2018, which is being investigated by the National Investigation Agency (NIA).

Gadling is presently in judicial custody at the Taloja Central Prison.

[Live Coverage]