The Crossbill News Desk
In a significant development in the long-running Elgaar Parishad case, the Bombay High Court on Monday (May 4) granted bail to activist-lawyer Surendra Gadling, marking the release order for the last remaining accused still lodged in prison in connection with the case.
Despite the relief, Gadling is expected to continue in custody at Taloja Central Prison as he has not secured bail in a separate case related to the 2016 Surajgarh arson incident, where his plea remains pending before the Supreme Court of India.
A division bench of Justices Ajey S Gadkari and Kamal R Khata granted bail to Gadling on the grounds of his long incarceration of over seven years and parity with the other accused. He was booked for various offences, including those under the Unlawful Activities (Prevention) Act (UAPA).
The Elgaar Parishad prosecution has seen most of the accused gradually secure bail over the past few years. Fourteen of the 16 accused arrested in the case are already out of jail, while Father Stan Swamy died in custody in 2021. Those released on bail include Varavara Rao, Sudha Bharadwaj, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira, Shoma Sen, Gautam Navlakha, Sudhir Dhawale and Rona Wilson.
In December last year, the high court granted bail to Delhi University associate professor Hany Babu, leading to his release.
Further relief followed when the Supreme Court granted interim bail to Jyoti Jagtap in November last year. Mahesh Raut was also released on six-week medical bail granted by the apex court, which was subsequently extended.
Earlier this year, the high court granted bail to Sagar Gorkhe and Ramesh Gaichor, members of the cultural group Kabir Kala Manch, leaving Gadling as the only accused yet to obtain bail in the Elgaar Parishad matter.
Gadling also faces prosecution in the 2016 Surjagarh arson case from Gadchiroli district, where armed cadres of the banned Communist Party of India (Maoist) allegedly torched vehicles linked to a mining project.
Although his co-accused in that case secured bail in the same year, Gadling’s application for relief is still awaiting adjudication before the Supreme Court. Charges have already been framed against him in the arson case, while proceedings in the Elgaar Parishad case itself are yet to begin trial.
Additional Solicitor-General Anil Singh and Special Public Prosecutor Chintan Shah opposed the bail plea and said Gadling had antecedents as he was the key accused in the arson case.
While allowing the application, the high court noted that continued detention could not be justified indefinitely, observing that the trial in the Elgaar Parishad case was unlikely to be completed in the near future.
The order effectively closes a phase of prolonged pre-trial incarceration that has drawn sustained legal and civil liberties debate around the case.
Despite the relief, Gadling is expected to continue in custody at Taloja Central Prison as he has not secured bail in a separate case related to the 2016 Surajgarh arson incident, where his plea remains pending before the Supreme Court of India.
A division bench of Justices Ajey S Gadkari and Kamal R Khata granted bail to Gadling on the grounds of his long incarceration of over seven years and parity with the other accused. He was booked for various offences, including those under the Unlawful Activities (Prevention) Act (UAPA).
The Elgaar Parishad prosecution has seen most of the accused gradually secure bail over the past few years. Fourteen of the 16 accused arrested in the case are already out of jail, while Father Stan Swamy died in custody in 2021. Those released on bail include Varavara Rao, Sudha Bharadwaj, Anand Teltumbde, Vernon Gonsalves, Arun Ferreira, Shoma Sen, Gautam Navlakha, Sudhir Dhawale and Rona Wilson.
In December last year, the high court granted bail to Delhi University associate professor Hany Babu, leading to his release.
Further relief followed when the Supreme Court granted interim bail to Jyoti Jagtap in November last year. Mahesh Raut was also released on six-week medical bail granted by the apex court, which was subsequently extended.
Earlier this year, the high court granted bail to Sagar Gorkhe and Ramesh Gaichor, members of the cultural group Kabir Kala Manch, leaving Gadling as the only accused yet to obtain bail in the Elgaar Parishad matter.
Gadling also faces prosecution in the 2016 Surjagarh arson case from Gadchiroli district, where armed cadres of the banned Communist Party of India (Maoist) allegedly torched vehicles linked to a mining project.
Although his co-accused in that case secured bail in the same year, Gadling’s application for relief is still awaiting adjudication before the Supreme Court. Charges have already been framed against him in the arson case, while proceedings in the Elgaar Parishad case itself are yet to begin trial.
Additional Solicitor-General Anil Singh and Special Public Prosecutor Chintan Shah opposed the bail plea and said Gadling had antecedents as he was the key accused in the arson case.
While allowing the application, the high court noted that continued detention could not be justified indefinitely, observing that the trial in the Elgaar Parishad case was unlikely to be completed in the near future.
The order effectively closes a phase of prolonged pre-trial incarceration that has drawn sustained legal and civil liberties debate around the case.
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