'How Long Can You Keep Him In Jail?': Top Court On Surajgarh Arson Case Hearing

The Supreme Court strongly criticized the Maharashtra government on Wednesday regarding the indefinite detention of an individual without trial. "For how long can you keep someone in jail without a trial..." the top court questioned the state during Surendra Gadling's bail plea hearing.

The bench, consisting of Justice JK Maheshwari and Justice Vijay Bishnoi, expressed significant concern over extended pre-trial incarceration. "What is the reason for delay of the trial?" the court inquired after learning the case involved the 2016 Surajgarh arson incident.

Senior Advocate Anand Grover, representing Surendra Pundalik Gadling, a human rights lawyer, informed the court that his client had been imprisoned for over six years in the Surajgarh case. The proceedings have reportedly stalled at the framing-of-charges stage.

The chargesheet for this case was submitted in June 2019.

Mr. Grover added that Gadling has also spent seven years as a pre-trial detainee in the Koregaon-Bhima case. "The key facts are... the petitioner is an advocate. He has been a very successful lawyer (and) it is unusual that a lawyer should be arraigned like this. It is sad," he stated, referencing both cases.

The Surajgarh case concerns allegations that insurgents burned mining equipment during a conflict between tribal communities and advancing mining projects.

The Koregaon-Bhima case, under National Investigation Agency examination, involves allegations of inflammatory speeches at the Elgar Parishad conclave in Pune on December 31, 2017, which police claim triggered violence near the Koregaon-Bhima war memorial the following day.

Last week, Gadling received interim bail to attend a family member's funeral.

"There are these two cases. One is the Bhima-Koregaon and this is the Surajgarh case. The incident happened in December 2016. Police complaint under Section 16,18, 20, and 24 of the (stringent anti-terror law) UAPA were filed. Originally he was arrested in the Bhima-Koregaon case... in June 2018. Bail was denied by the High Court... matter is repeatedly adjourned."

In response, Justice Maheshwari asked Additional Solicitor General SV Raju about evidence collected against the accused.

Mr. Raju referenced certain letters and documents, reading one that allegedly implicates Gadling. However, Grover pointed out that the material mentioned relates to the Bhima-Koregaon case. "The court asked you to show evidence in this case. I'm surprised."

"These show his role in the CPIM, or Communist Party of India (Marxist), which is linked to the Surajgarh case," Raju replied, "Documents in one case can be used in another. That is the law."

Raju claimed Gadling and other accused 'guide Naxal fighters (whose) aim is to kill soldiers', declaring them the 'backbone... they provide logistical support'.

The court, however, emphasized its concern about Gadling's prolonged incarceration and trial delays, demanding certain clarifications.

Three specific questions were posed to the prosecution:

What is the reason for the delayed trial?

Why have applications for discharge been kept pending? Explanations for non-disclosure are requested, along with a summary of order sheets.

What is the prosecution's plan regarding trial procedures and timeline?

All required materials must be produced at the next hearing, scheduled for three weeks later.