New Delhi: Supreme Court [SC] judge Justice M.M Sundresh rescued himself from hearing a bail petition filed by lawyer and accused in Surjagarh iron ore mine arson case [2016] Surendra Gadling.
As per reports, the petition was listed for hearing before a bench of Justices M.M Sundresh and N. Kotishwar Singh on August 26. The apex court’s website however later reflected that the matter would not be placed before Justice Sundresh.
Gadling, a Maharashtra based lawyer was first arrested by authorities in connection with the Elgar Parishad Bhima-Koregaon case in 2018 and lodging in prison since then. He was subsequently arrested in Gadchiroli’s Surjagarh arson case in early 2019 and was facing charges under the provisions of the Unlawful Activities [Prevention] Act.
Gadling was accused of providing confidential information to Maoists. He had allegedly sought mobilisation of the locals against the mining operation in Surjagarh iron ore mines.
Gadling approached the Bombay High Court who turned down his bail petition in 2023, observing that the allegations regarding his membership of the banned Maoist outfit appeared prima facie true.
A bench of the Bombay High Court while denying bail to Gadling had observed, that the accused was actively raising funds and providing financial aid to the Maoists in person.
Gadling had filed a similar petition before the session court to which the session court had refused to grant him bail in March 2022.
Months later Gadling approached the apex court with his bail petition to which a SC bench had issued notices in October 2023.
Proceeding on his bail plea since then have witnessed repeated adjournment after which senior lawyer Anand Grover had mentioned the matter before the Chief Justice of India [CJI] B.R Gavai on August 8, this year.
The matter was posted for hearing on August 11 initially but couldn’t be heard and listed next for August 26 when Justice Sundresh rescued himself.
Surjagarh iron ore mine arson incident
A group of armed cadres of the outlawed CPI (Maoist) torched over three dozen vehicles parked before the iron ore mine in Surjagarh of Gadchiroli district of Maharashtra in 2016.
The investigation initiated by the police later revealed Gadling’s alleged role in the arson incident, leading to his arrest by the authorities.
Gadling, however at that time, was already in custody pertaining to his alleged involvement in the Elgar parishad CPI Maoist case in which provocative speeches were made by speakers in a conclave held at Shaniwadwada of Pune in December 2017.
Agencies investigating the case has alleged that a larger conspiracy was hatched by the cadres of the outlawed outfit CPI (Maoist), who were in contact with organisers of Elgar Parishad. Provocative speeches were made at the said conference aimed allegedly at prompting enmity between various castes group which eventually led to violence in Bhima-Koregaon village on the next day.
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