Supreme Court Defers Hearing on Surendra Gadling’s Bail Plea in 2016 Surajgarh Arson Case
The Supreme Court has deferred the hearing of advocate Surendra Gadling’s bail plea in connection with the 2016 Surajgarh arson case, extending the wait for a substantive decision in one of the long-pending prosecutions under the Unlawful Activities (Prevention) Act (UAPA). The matter was listed before a Bench of the apex court, but the hearing was adjourned without entering into the merits of Gadling’s request for bail.
Surendra Gadling, a Nagpur-based lawyer, is accused in the Surajgarh arson case arising from an incident in December 2016 in Maharashtra’s Gadchiroli district, where around 39 vehicles allegedly used for transporting iron ore from the Surajgarh mines were set ablaze. Investigating agencies have alleged that the attack was carried out by Maoist cadres as part of an unlawful conspiracy. Gadling has been charged under various provisions of the Indian Penal Code, the UAPA and the Arms Act. He has consistently denied the allegations and has challenged his continued incarceration.
The bail plea reached the Supreme Court after the Nagpur Bench of the Bombay High Court rejected Gadling’s application for regular bail. Before the apex court, his counsel has argued that he has remained in custody for several years while the trial has progressed slowly, contending that prolonged pre-trial detention violates the constitutional guarantee of personal liberty under Article 21 of the Constitution. The defence has also relied upon recent Supreme Court jurisprudence emphasising that excessive delay in trials may justify the grant of bail even in cases governed by stringent special statutes.
The prosecution has opposed the plea, maintaining that the allegations involve serious offences relating to extremist activities and that the statutory restrictions on bail under the UAPA continue to apply. It has argued that the gravity of the accusations and the material collected during the investigation do not warrant Gadling’s release at this stage of the proceedings.
The case has witnessed repeated procedural delays before the Supreme Court. Earlier hearings were affected by changes in the composition of the Bench following recusals by judges, requiring the matter to be listed before different Benches on multiple occasions. These developments have contributed to the prolonged pendency of Gadling’s appeal.
Apart from the Surajgarh arson prosecution, Gadling is also an accused in the Bhima Koregaon–Elgar Parishad case being investigated by the National Investigation Agency (NIA). However, the present proceedings relate exclusively to his bail application in the 2016 Surajgarh arson case.
With the latest adjournment, the Supreme Court has not expressed any opinion on the merits of the bail plea. The matter will now be taken up on a future date, when the Court is expected to consider the rival submissions on prolonged incarceration, the progress of the trial, and the applicability of the UAPA’s stringent bail provisions before deciding whether Gadling is entitled to be released pending trial.
