THE SUPREME COURT ON WEDNESDAY gave the Maharashtra government a final opportunity to submit its affidavit in response to a petition filed by advocate Surendra Gadling in connection with the 2016 Surjagarh iron ore mine arson case.
A Bench comprising Justices J.K. Maheshwari and Vijay Bishnoi allowed the State one more week to file its affidavit, making it clear that this would be the last extension. The direction came after Additional Solicitor General S.V. Raju, representing the Maharashtra government, sought more time to file the affidavit.
Appearing for Gadling, Senior Advocate Anand Grover strongly objected to the delay, pointing out that nearly six weeks had elapsed since the Court had last (September 24) asked the State to explain the reasons behind the delay in trial. He argued that such delays were unjustified and added to the prolonged incarceration of Gadling.
In the earlier hearings, while pressing for bail, Grover had told the Court that Gadling had been in jail for the last six and a half years and, under the K.A. Najeeb judgement (2021) was entitled to bail on this ground alone.
The Supreme Court’s 2021 judgment in the K.A. Najeeb case had held that constitutional courts have the power to grant bail to an accused person if their fundamental right to a speedy trial under Article 21 is violated, even if the person is charged under the restrictive provisions of the Unlawful Activities (Prevention) Act (‘UAPA’). The ruling affirmed that statutory restrictions on bail do not override the constitutional rights of an individual.
