The Supreme Court on Friday agreed to list for hearing on September 3 the bail plea of advocate Surendra Gadling, an accused in the Elgar Parishad–Maoist links case who has been in custody for over six years.
A bench headed by Chief Justice of India B.R. Gavai and comprising Justices N.V. Anjaria and Alok Aradhe scheduled the matter after being informed that Justice M.M. Sundresh had recused from hearing the plea on August 26.
Earlier, a bench of Justices Sundresh and N. Kotiswar Singh was to hear Gadling’s plea. However, following the recusal, the CJI clarified that the matter would now be taken up on Wednesday. Senior advocate Anand Grover, appearing for Gadling, had earlier sought an urgent listing of the case, stressing that his client has remained behind bars for over six years and that the bail plea has been adjourned 11 times before the apex court.
In March this year, the Supreme Court had also deferred hearings in related petitions, including Gadling’s bail application, the plea of activist Jyoti Jagtap, and the National Investigation Agency’s (NIA) challenge to the Bombay High Court’s decision granting bail to activist Mahesh Raut. The apex court had stayed Raut’s bail after the NIA sought time to contest the High Court’s order.
According to the prosecution, Gadling allegedly provided logistical support and secret government information to Maoist operatives. He is accused of conspiring with absconding co-accused, sharing maps of sensitive areas with Maoist rebels, and encouraging locals to oppose the Surjagarh mining project.
He has been booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
The Elgar Parishad–Maoist links case stems from the Elgar Parishad conclave held at Pune’s Shaniwarwada on December 31, 2017. Authorities allege that provocative speeches delivered during the event incited violence the following day at the Koregaon-Bhima war memorial in Pune district.
The National Investigation Agency contends that cultural group Kabir Kala Manch (KKM), with which some of the accused are associated, is a front organisation of the banned CPI (Maoist). In its earlier ruling, the Bombay High Court had noted that activist Jyoti Jagtap, a KKM member, participated in performances with “highly provocative slogans.” Her bail plea was dismissed in 2022.
With the Supreme Court now set to hear Gadling’s plea on September 3, the case will again test the balance between personal liberty of long-incarcerated accused and the gravity of charges under UAPA.
