A file photo of Surendra Gadling.
| Photo Credit: The Hindu
The Supreme Court on Wednesday (September 24, 2025) pulled up the Maharashtra government over the prolonged pendency of trial proceedings against lawyer and activist Surendra Gadling in a 2016 arson case, and sought an explanation for the delay.“Why is the trial not going on? For how many years will you put a person in custody without trial?” a Bench of Justices J.K. Maheshwari and Vijay Bishnoi asked Additional Solicitor-General S.V. Raju, appearing for the State.The court directed the State to file a detailed affidavit indicating the timeline for the conclusion of the trial. The affidavit must also set out the prosecution’s “scheme” and the manner in which it proposes to conduct the proceedings, the Bench said.Mr. Gadling has challenged a January 2023 order of the Nagpur Bench of the Bombay High Court refusing him bail in the 2016 Surjagarh iron ore mine arson case, in which several vehicles transporting iron ore from the Gadchiroli mines were allegedly torched by individuals said to be associated with the banned Communist Party of India (Maoist).Prolonged incarcerationAppearing for Mr. Gadling, senior advocate Anand Grover submitted that his client had spent more than six years in custody without the trial even commencing. “It is unusual that a lawyer should be arraigned like this... Six years have passed, yet nothing has happened in the trial,” he said.He further argued that the National Investigation Agency (NIA) had relied on evidence drawn from the Bhima Koregaon case, in which Mr. Gadling was arrested in June 2018. The electronic material, he contended, was compromised and not collected in accordance with the law.“Even if you say it can be used in this case, that evidence must be collected legally. If it is collected contrary to the law, it cannot be relied upon in another case. Electronic evidence is malleable, it can be planted very easily,” he submitted.Stressing that prolonged incarceration runs afoul of constitutional guarantees, the senior counsel argued that the stringent bail restrictions under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) “melt down” when trials are unlikely to conclude within a reasonable period.Discharge applicationMr. Raju, however, maintained that the delay was not attributable to the prosecution but to the accused himself. He pointed out that Mr. Gadling had filed a discharge application but was refusing to argue it unless permitted to appear physically in court. “There is an apprehension that there could be an attack if he is produced physically,” he said.The Bench then questioned why the discharge application should be allowed to stall proceedings. “So let it be decided. Mention that they are refusing to argue,” Justice Maheshwari remarked. The court directed the State to also specify in its affidavit the reasons for the non-disposal of the discharge application and to produce the relevant order sheets.“Let us be clear, without trial, this [custody] will not be permitted to continue,” the Bench stressed, posting the matter for further hearing on October 29.Charges levelledMr. Gadling has been booked under various provisions of the UAPA and the Indian Penal Code, including attempt to murder (Section 307), wrongful restraint (Sections 341, 342), mischief by fire (Section 435), and criminal conspiracy (Section 120B), among others.In its January 2023 order denying bail, the High Court had observed that allegations regarding Mr. Gadling’s membership in the banned Maoist organisation appeared prima facie true. “The threat posed to the public and the seriousness of the entire conspiracy alleged against the appellant would far outweigh the other considerations put forth by him,” it held.Apart from the Surjagarh case, the activist is also an accused in the Elgar Parishad–Maoist links case relating to alleged provocative speeches delivered at the Elgar Parishad conclave in Pune on December 31, 2017, which the police claimed triggered violence near the Koregaon-Bhima war memorial the next day. Published - September 24, 2025 08:54 pm IST
