The Supreme Court on Wednesday deferred to September
17 the bail plea of advocate Surendra Gadling, accused in the Elgar
Parishad-Maoist links case.
A bench comprising Justices J K Maheshwari and K
Vinod Chandran deferred the matter after Additional Solicitor General S V Raju
sought time.
Senior advocate Anand Grover, appearing for Gadling,
opposed Raju's request for an adjournment highlighting the plea's pendency
since 2023.
Grover said Gadling has spent over six years behind
bars, with charges not even been framed in the case.
Chief Justice B R Gavai had posted the matter for
today after being informed on August 26 that Justice M M Sundresh had recused
from hearing the bail plea.
Previously, a bench comprising Justices Sundresh and
N Kotiswar Singh was scheduled to hear the plea.
On August 8, Grover mentioned the matter before CJI
Gavai for an early hearing, citing his client Gadling's over six-year-long
incarceration.
"The bail plea has been adjourned 11 times in
the Supreme Court," Grover added.
Prior to this, on March 27, the top court had
deferred the bail hearing of Gadling and activist Jyoti Jagtap in the case.
It also deferred the petition filed by the National
Investigation Agency (NIA) challenging the bail granted to activist Mahesh
Raut.
Raut was given bail by the Bombay High Court but the
order was stayed after the NIA sought a stay on the verdict to challenge it
before the apex court.
Gadling was accused of providing aid to the Maoists
and allegedly conspiring with various co-accused, including the ones absconding
in the case.
He was booked under various provisions of the
Unlawful Activities Prevention Act, and the IPC and the prosecution claimed
Gadling provided secret information about government activities and maps of
certain areas to underground Maoist rebels.
He reportedly asked Maoists to oppose the operation
of Surjagarh mines, and instigated several locals to join the movement.
Gadling is also involved in the Elgar
Parishad-Maoist links case relating to the alleged provocative speeches
delivered at the Elgar Parishad conclave held in Pune on December 31, 2017. The
police claimed the speeches triggered violence the next day near the
Koregaon-Bhima war memorial in Pune district.
The high court had said Jagtap was an active member
of the Kabir Kala Manch (KKM) group, which during its stage play at the Elgar
Parishad conclave held in Pune on December 31, 2017 gave not only aggressive,
but highly provocative slogans.
According to the NIA, the KKM is a front
organisation of the Communist Party of India (Maoist).
The high court had dismissed the appeal filed by the
activist-cum-singer challenging a February 2022 order of a special court
refusing her bail.
The 2017 Elgar Parishad conclave was held at
Shaniwarwada, an 18th-century palace-fort located in the heart of Pune city.