Supreme Court Judge Justice Shree Chandrashekhar Recuses From Hearing Surendra Gadling’s Bail Plea in Elgar Parishad Case
The Supreme Court on Tuesday witnessed another development in the long-running Elgar Parishad–Bhima Koregaon prosecution after Justice Shree Chandrashekhar recused himself from hearing the bail petition of advocate Surendra Gadling, one of the accused in the case. The matter was listed before a Bench comprising Justice Chandrashekhar and Justice Joymalya Bagchi, but Justice Chandrashekhar declined to hear the case at the outset without assigning any reasons, following the established judicial practice regarding recusals.
With the recusal, the Bench directed that the matter be placed before the Chief Justice of India for appropriate administrative orders to constitute another Bench for hearing Gadling’s appeal. The recusal does not amount to a decision on the merits of the bail application and merely postpones substantive consideration until the case is assigned to a new Bench.
Surendra Gadling, a Nagpur-based advocate known for representing prisoners and persons accused in security-related cases, has remained in custody since his arrest in June 2018 in connection with the Bhima Koregaon violence and the alleged larger Maoist conspiracy investigated by the National Investigation Agency (NIA). He is among several activists, lawyers and academics booked under the Unlawful Activities (Prevention) Act (UAPA).
In his bail plea before the Supreme Court, Gadling has challenged the Bombay High Court’s refusal to grant him regular bail. His legal team has argued that he has undergone prolonged incarceration without the commencement of a full-fledged trial, raising concerns over the constitutional guarantee of personal liberty under Article 21. The appeal also relies upon the Supreme Court’s evolving jurisprudence recognising that excessive pre-trial detention may justify bail even in prosecutions under stringent anti-terror laws in appropriate cases.
The Elgar Parishad case has remained one of India’s most closely watched criminal prosecutions. The investigation stems from the Elgar Parishad event held in Pune on December 31, 2017, followed by violence near the Bhima Koregaon memorial the next day. Investigating agencies have alleged that several accused maintained links with the banned Communist Party of India (Maoist) and were involved in a broader conspiracy against the State. The accused have consistently denied these allegations, contending that they have been falsely implicated and that the electronic evidence relied upon by the prosecution is disputed.
Over the years, different accused in the case have obtained varying forms of relief from constitutional courts. While some have secured regular or interim bail on grounds including medical condition, age or prolonged incarceration, several others continue to remain in custody, leading to continuing judicial scrutiny over the pace of the trial and the application of the stringent bail provisions under the UAPA.
Following Justice Chandrashekhar’s recusal, Gadling’s bail plea will now await fresh listing before another Bench nominated by the Chief Justice of India. Until a new Bench hears the matter, no decision has been taken on the merits of his request for release, and the proceedings remain pending before the Supreme Court.
