Supreme Court Justice AS Chandurkar recuses from Surendra Gadling's bail plea in Surajgarh arson case

Supreme Court Justice Atul S Chandurkar on Thursday recused from hearing a bail plea filed by lawyer and activist Surendra Gadling in connection with the 2016 Surajgarh arson case [Surendra Pundalik Gadling vs State of Maharashtra].

Earlier, Justice MM Sundresh had recused from hearing the matter.

The case was listed today before the Bench of Justices JK Maheshwari and Atul S Chandurkar.

Justice Chandurkar has now recused.

In the last hearing of the bail plea, a Bench of Justices JK Maheshwari and Vijay Bishnoi had adjourned the matter after indicating that timelines could be fixed to ensure there are no further delays in the trial.

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

The Surajgarj arson dates back to 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 registered a first information report (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. Further, the police also invoked provisions of the Unlawful Activities (Prevention) Act (UAPA), and certain provisions of the Arms Act.

Gadling was among those implicated in the incident and 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.