Supreme Court Gives NIA 2 Weeks to Respond on Alleged Maoist Surendra Gadling’s Bail Plea
The Supreme Court yesterday has granted two weeks time to the National Investigation Agency to respond to the bail plea filed by Surendra Gadling, accused in the Bhima Koregoan Elghar Parishad Violence case of 2018.
A bench of Justices JK Maheshwari and K Vinod Chandran has deferred hearing the matter after Additional Solicitor General SV Raju sought time on behalf of NIA.
Just last week, a mentioning was made before a CJI Gavai led bench which agreed to list the matter in this week.
Earlier, a bench comprising Justices MM Sundresh and N Kotiswar Singh was scheduled to hear the plea, but Justice Sundresh recused himself. Recently, senior advocate Anand Grover had mentioned the matter before CJI Gavai for an early hearing, citing Gadling's six yearlong incarceration.
Gadling had also moved the Bombay High Court challenging the rejection of the default bail by the Special Court.
He is 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.
Gadling and the other accused in the case were arrested by the Anti-Terrorism Squad and a chargesheet was filed against them. The case was then transferred to the National Investigation Agency. The Agency has sought an extension of time which was granted by the special court. Gadling has contended that the issue of jurisdiction of the additional session judge was raised during the first and the subsequent remand.
The Special NIA court rejected the default bail of Gadling on the grounds that the issue was already decided by the Bombay High Court and the applicant does not have any proprietary right to agitate the same ground before the special court.
Surendra Gadling also argued that his is on the same footing as Sudha Bharadwaj who was granted default bail by the High Court. The only distinguishing factor is that in the case of Sudha and others, the application for default bail was filed on 26.11.2018 and 30.11.2018, and in the case of the Appellants, the application for default bail was filed on 27.09.2018 much before the filing of the charge sheet on 15.1.2018 and after the expiry of 90 days of their arrest and production before the court, his plea stated.
Gadling is also an accused in the Surajgarh Mine Arson Case which pertains to an incident wherein 39 vehicles transporting iron ore to Gadchiroli were allegedly set on fire by the Maoists. An FIR was registered by the police and the provisions of the Indian Penal Code, Unlawful Activities Prevention Act, Maharashtra Police Act, and Arms act were invoked. He was arrested along with the other accused in the case investigated by the National Investigating Agency.
Case Title: Surendra Gadling vs State of Maharashtra
Hearing Date: September 4, 2025
Bench: Justices JK Maheshwari and Vinod Chandran