Elgar Parishad Case: Justice Sundresh Recuses From Surendra Gadling Bail Plea Hearing

Elgar Parishad-Maoist links case

Justice M M Sundresh of the Supreme Court on Tuesday recused himself from hearing the bail application of advocate Surendra Gadling, who has been in custody for over 6 years in connection with the Elgar Parishad-Maoist links case.

Court’s case status page confirmed that the matter will no longer be listed before Justice Sundresh. The bail plea was scheduled to come up before a bench led by Justice Sundresh and also comprising Justice N. Kotiswar Singh.

Earlier this month, on August 8, senior advocate Anand Grover had mentioned the matter before Chief Justice B.R. Gavai, seeking an urgent hearing. Grover pointed out that Gadling has been in custody for more than 6 and a half years and highlighted that his bail plea has been adjourned 11 times in the apex court.

Multiple Adjournments In Bail Hearings

On March 27, a bench of Justices Sundresh and Rajesh Bindal had deferred hearing the bail pleas of Gadling and activist Jyoti Jagtap. On the same day, the bench also adjourned the National Investigation Agency’s (NIA) petition challenging the Bombay High Court’s decision to grant bail to activist Mahesh Raut.

Raut, who had been granted bail by the high court, saw his release stalled after the NIA obtained a stay on that order, intending to challenge it before the Supreme Court.

Allegations Against Surendra Gadling

Gadling, a Nagpur-based lawyer, has been accused of providing logistical support to Maoist groups and conspiring with co-accused, some of whom remain absconding. The prosecution claims that he shared sensitive information, including government activity details and area maps, with underground cadres.

Investigators allege that Gadling encouraged resistance to mining projects, particularly opposing the operation of the Surjagarh mines, and mobilised locals to join the movement.

Background

The charges stem from the Elgar Parishad conclave held on December 31, 2017, at Pune’s historic Shaniwarwada fort. Authorities claim that provocative speeches and performances during the event incited violence the following day near the Koregaon-Bhima war memorial in Pune district.

The case has drawn in several activists, artists, and lawyers accused of having links to banned Maoist organisations. The National Investigation Agency maintains that Kabir Kala Manch (KKM), a cultural group associated with some of the accused, acts as a front for the banned Communist Party of India (Maoist).

The Bombay High Court, while denying bail to activist-singer Jyoti Jagtap in February 2022, observed that she was an active member of KKM and that the group had raised “aggressive and provocative slogans” during their performance at the Elgar Parishad event.

With Justice Sundresh’s recusal, the matter will be reassigned to another bench for hearing. The Supreme Court has not yet listed a new date for Gadling’s bail plea.