2016 Surjagarh mine arson case: SC raises concern over delay in Surendra Gadling’s trial

The Supreme Court on Wednesday voiced disquiet over the long pendency of trial against advocate Surendra Gadling in the 2016 Surjagarh iron ore mine arson case, asking the Maharashtra government whether an undertrial can be kept behind bars for years without trial.

A bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi posed pointed questions to Additional Solicitor General S.V. Raju, who was representing the state, asking why the trial had not moved forward. “For how long can a person remain incarcerated without the trial making any headway?” the bench remarked.

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ASG Raju responded that the delay stemmed from Gadling’s own conduct, explaining that while he had filed a discharge plea, he insisted on arguing it in person before the court. Given security concerns, his physical presence could not be permitted, Raju submitted.

Adjourning the hearing, the bench directed the state to place on record a statement detailing the causes for the delay, the manner in which it proposed to proceed with the case, and the estimated timeframe for its completion.

The matter came up in connection with Gadling’s bail plea, which follows the Bombay High Court’s January 31, 2023, order rejecting his application. The Nagpur bench of the High Court had observed that the allegations against him appeared to be prima facie true.

According to the prosecution, Gadling collaborated with Maoists, who torched 76 vehicles engaged in transporting iron ore from the Surjagarh mines in Gadchiroli on December 25, 2016. He is alleged to have supplied sensitive information and area maps to the rebels, conspired with other accused persons, and encouraged locals to resist mining activity in the region.

Charges against him have been framed under provisions of the Unlawful Activities (Prevention) Act as well as sections of the Indian Penal Code.