Justice Chandurkar Recuses From Hearing Surendra Gadling's Bail Plea In Gadchiroli Arson Case

Justice Atul Chandurkar of the Supreme Court today recused from hearing advocate Surendra Gadling's bail plea in the 2016 Gadchiroli arson case. The matter was listed today before a bench of Justice JK Maheshwari and Justice Atul Chandurkar. Earlier, Justice MM Sundresh had recused from the case. Subsequently, the case was being heard by a bench led by Justice JK Maheshwari. Today, Justice Maheshwari was sitting with Justice Chandurkar, who recused.BackgroundGadling filed the present appeal challenging the Bombay High Court order denying him bail in the arson case. He is also in custody in the Bhima Koregaon case being prosecuted by the NIA, under the UAPA, over alleged Maoist links, since June 2018.Gadling has been booked under various sections of the UAPA and IPC for allegedly being part of a conspiracy by Maoists to set fire to over 80 vehicles transporting iron ore from Surjagarh mines in Etapalli tehsil, Distt. Gadchiroli, Maharashtra. The prosecution has alleged that he gave directions to other accused to set the vehicles on fire and cause loss of property in the incident.This bench is hearing the matter after Justice MM Sundresh recused.In September, the Court had raised concerns over the prolonged pendency of trial in the present case. It asked whether a person can be kept in custody as an undertrial for many years. Further, it sought following information sought from the State: (a) What is the reason for delay in trial, (b) Reason for non-disposal of applications seeking discharge, (c) The scheme of prosecution - in what manner they require to proceed with trial and also the split of trial with other co-accused persons who have not been arrested till now, (d) In how much period will the prosecution complete the trial?On the previous date, the Supreme Court said it would check with the Bombay High Court Chief Justice on whether a judge is posted in the concerned NIA court.Senior Advocate Anand Grover, appearing for Gadling, had said that the main evidence is electronic and overlaps with the Bhima Koregaon case, but copies have not been supplied. He also pointed out that the trial has been proceeding without a permanent Public Prosecutor. On the other side, ASG SV Raju said an application to transfer Bhima Koregaon records is pending before the trial court and Gadling has not replied yet. Grover said the reply would be filed soon.The Court had earlier directed Maharashtra authorities to ensure proper video conferencing facilities after complaints of malfunction during Gadling's production. Grover told the Court that despite this, the system failed on five hearing dates, and the State's application has been forwarded to the NIA court in Mumbai but remains unheard. He stressed that Gadling has been in custody for seven years without trial.Justice Maheshwari suggested appointing an officer to bring the electronic record for inspection so that Gadling can examine it and make submissions for framing of charges. Grover said the electronic material is extensive and cannot be inspected within a week, but the Court asked him to proceed with inspection.Grover also said that the NIA court currently has no judge or permanent public prosecutor. The bench said it would request the Chief Justice to appoint a judge within a week. On Grover's request for time to argue the matter after a month if no progress is made, the Court agreed and adjourned the case.Case no. Crl.A. No. 3742/2023Case Title: Surendra Pundalik Gadling v. State of MaharashtraClick Here To Read/Download Order

Justice Chandurkar Recuses From Hearing Surendra Gadling's Bail Plea In Gadchiroli Arson Case

Amisha Shrivastava

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