Arrested in Surajgarh arson case, Gadling has spent 6 years in jail as undertrial. Despite nearly 200 listings from trial court to SC, proceedings haven’t moved beyond 1st stage.
Human rights lawyer Surendra Pundalik Gadling has spent more than six-and-a-half years in custody as an undertrial in the 2016 Surajgarh arson case, with the trial still stalled at the stage of framing of charges.
Gadling, also an accused in the Elgar Parishad–Koregaon Bhima case, was granted interim bail last week in this matter by an NIA court in Mumbai to attend the last rites of a family member. However, the Surajgarh case has seen no significant progress since his arrest on 30 January, 2019. The case has seen 137 listings in the trial court of Gadchiroli and 62 in the nearby Aheri court, where the case was transferred on 22 July, 2023, due to jurisdictional changes following the establishment of a sessions court in Aheri.
Gadling’s case has not proceeded to even cross the first stage of a criminal trial, with the court yet to commence hearing on framing of charges. This, even though the chargesheet in the 2016 arson case was filed on 1 June, 2019.
A chargesheet is the police’s final report in a case, and it is submitted to the court to formally accuse the individual of a crime. Based on the chargesheet and other evidence, the court decides and articulates the specific offenses for which the accused will be tried. Examination of evidence in a criminal trial takes place only once the court frames charges.
Trial court orders, which ThePrint looked at, show that between 2019 and 2022 (when Gadling was arrested in the Elgar Parishad–Bhima Koregaon case), the Surajgarh matter was adjourned on multiple ground such as the absence of the presiding officer, adjournments sought by both the prosecution and the accused, COVID-19 restrictions, weak internet connection due to which Gadling could not mark his presence from jail, and his inability to submit a power of attorney to enable someone to represent him in court.
As part of a fair trial procedure, an accused is required to be present when the court hears arguments on framing of charges. Gadling was arrested in the Surajgarh case on the basis of an FIR registered at the Etapalli police station in the Gadchiroli district of Maharashtra.
The case relates to an incident in December 2016 when a group of suspected Maoists torched mining equipment at Surajgarh, a region where tribal opposition to mining projects has been longstanding. They set ablaze 76 vehicles being used for transporting iron ore from Surajgarh mines in Gadchiroli. The FIR invoked sections of the Indian Penal Code (IPC), Unlawful Activities (Prevention) Act (UAPA), Arms Act and Maharashtra Police Act.
A chargesheet was filed against six persons: Gadling, writer Varavara Rao, and tribals namely Masa Mura Hichami, Lalu Kehka Gundaru, Thuge Dalsu Hichami, and Dinesh Masu Pungati. Trial proceedings began in the Gadchiroli Court in July 2019 and continued until July 2023, when the case was transferred to the Aheri court.
Yet, after years of hearings, the trial has not progressed to the stage of framing of charges.
India: 6 years detained, no charges framed—Bhima-Koregaon accused stuck in trial limbo
