New Delhi, Dec 4 The Supreme Court on Wednesday granted the Maharashtra government two weeks’ time to file a counter affidavit to the bail plea filed by lawyer Surendra Gadling, who is behind bars in connection with the 2016 Surjagarh iron ore mine arson case.
A bench, headed by Justice M.M. Sundresh, was hearing a special leave petition filed by Gadling against the dismissal of his appeal filed under Section 21(4) of the NIA (National Investigation Agency) Act seeking bail.
The counsel representing the Maharashtra government sought a "last chance" to file the counter-affidavit in the matter, explaining that the translation of vernacular documents was taking time.
Senior advocate Anand Grover, representing Gadling, apprised the Bench, also comprising Justice Aravind Kumar, that the Maharashtra government has sought adjournment on eight occasions so far.
Gadling has been behind bars for five years and ten months while the trial remains at a very nascent stage, he said.
At this, the apex court said: "A matter like this needs to be heard. This is not a normal case. We will give a fixed date. List after two weeks."
In October last year, the top court had agreed to examine Gadling’s plea and called for a response from the Maharashtra government. The anti-terror agency charged Gadling for allegedly entering into a criminal conspiracy with Maoist rebels to set ablaze 76 trucks which were carrying iron ore from Surajgarh mines in Maharashtra. He is further alleged to be involved in the Bhima Koregaon-Elgaar Parishad violence - where clashes erupted between various caste groups after "provocative" speeches were given by the activists of Kabir Kala Manch on December 31, 2017, in Pune.
Gadling had claimed that he is a criminal law practitioner with over 25 years of practice and was falsely implicated in the case, adding that there is no prima facie case against him and the evidence brought on record by the prosecution is neither reliable nor admissible.
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