Bhima Koregaon-Elgar Parishad accused Advocate Surendra Gadling gets temporary bail from August 13 to 21 to attend his mother's death anniversary on Friday. A division bench of Bombay High Court headed by Justice SS Shinde and NJ Jamadar pronounced the order, reports LiveLaw
Gadling, who was booked under sections of the Indian Penal Code and the anti-terror law, Unlawful Activities (Prevention) Act for alleged CPI(Maoist) links, was arrested in the case three years ago on June 6, 2018.
He had approached the High Court in an appeal under Section 21 (4) of the NIA Act challenging the Special Judge DE Kothalikar's order, refusing him emergency bail after his mother's demise due to Covid last year.
Last year, on September 11, accepting NIA's submissions that three weeks had already passed since his mother's demise; therefore,presence of Gadling would not be required for performing the funeral rites or rituals, Special NIA Judge had rejected Gadling's emergency bail application.
Gadling claimed that the judge failed to consider his three-year-long incarceration. In addition, not allowing him to share his grief with his family members only affects his mental condition, he argued.
On July 26, Senior Advocate Indira Jaising, appearing for Gadling, submitted that since his family members were either hospitalised with Covid or under home isolation, in August 2020, his mother's funeral rites (cooling of ashes), rituals, and condolence meetings remain pending. However, the family has decided to perform these on her first death anniversary on August 15, 2021.
The division bench said that they would pronounce the order on July 30 2021, after hearing submissions from Senior Advocate Indira Jaising for Gadling and advocate Sandesh Patil for NIA
Gadling was booked different provisions related to Sedition law under IPC and sections related UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5, awaiting bail.
The NIA has accused them of a plot to overthrow the Government, being members of front organisations of the banned CPI(Maoists). However, the arrested activists claim that incriminating material was planted on Gadling and co-accused researcher Rona Wilson's laptop, based on an independent forensic analysis firm's report.
The 15 people accused in the case are as follows — Jyoti Raghoba Jagtap, Sagar Tatyaram Gorkhe, Ramesh Murlidhar Gaichor, Sudhir Dhawale, Surendra Gadling, Mahesh Raut, Shoma Sen, Rona Wilson, Arun Ferreira, Sudha Bharadwaj, Varavara Rao, Vernon Gonsalves, Anand Teltumbde, Gautam Navlakha, Hany Babu.
Most of the accused in the case were neither named in the FIR over the violence nor present during the 2017 event.
Charges are yet to be framed in the case.