Elgar Parishad case: Justice Sundresh recuses from Surendra Gadling bail plea hearing

Justice M M Sundresh of the Supreme Court on Tuesday recused from hearing the bail plea of advocate Surendra Gadling, accused in the Elgar Parishad-Maoist links case.

The case status on the apex court website shows the matter won't be listed before Justice Sundresh.

The hearing was set to happen before a Bench headed by Justice Sundresh and also comprising Justice N Kotiswar Singh.

On August 8, senior advocate Anand Grover mentioned the matter before CJI B R Gavai for an early hearing, citing his client Gadling's 6.5-year long incarceration.

"The bail plea has been adjourned 11 times in the Supreme Court," Grover added.

On March 27, a Bench of Justices Sundresh and Rajesh Bindal 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.