Third Supreme Court judge recuses from hearing bail plea of Bhima Koregaon accused
Supreme Court judge Justice Shree Chandrashekhar on Tuesday recused himself from hearing a bail petition filed by advocate and activist Surendra Gadling in connection with the 2016 Surjagarh iron ore mine arson case. This marks the third recusal by a Supreme Court judge from hearing Mr. Gadling's bail plea without assigning any reason.
The petition was listed before a Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar. Justice Mishra said the case would have to be placed before another coordinate Bench as Justice Chandrashekhar was unable to hear it. “It will go before some other Bench, my brother has some difficulty,” Justice Mishra said.
This is the third recusal in Mr. Gadling's bail proceedings. Justice M.M. Sundresh had heard the matter on several occasions after it was first listed before his Bench on July 9, 2024. However, no substantive hearing took place as the State repeatedly sought adjournments. Justice Sundresh eventually recused himself on August 26, 2025, without assigning any reason. The order stated, “Subject to orders of the Honourable The Chief Justice, post before another Bench, in which one of us, Justice M.M. Sundresh, is not a member.”
Subsequently, on April 2 this year, Justice Atul S. Chandurkar also recused himself from hearing the bail plea without assigning any reason.
Last week, senior advocate Kapil Sibal, appearing for Mr. Gadling, mentioned the matter before a Bench headed by Chief Justice of India Surya Kant, seeking an urgent listing. Mr. Sibal submitted that his client had remained in custody for more than seven years and sought an early hearing.
Earlier, on August 8, 2025, senior advocate Anand Grover, also appearing for Mr. Gadling, had urged the then Chief Justice B.R. Gavai to list the matter urgently, citing prolonged incarceration. He pointed out that the bail petition had been adjourned 11 times in the Supreme Court, largely because the prosecution sought additional time to file its counter affidavit.
Earlier this year, the Supreme Court took note of the prolonged delay. A Bench of Justices J.K. Maheshwari and Vijay Bishnoi directed the Registrar General of the Bombay High Court to ensure a regular presiding judge was posted within seven days to the Additional Sessions Court at Aheri in Maharashtra's Gadchiroli district if it was functioning under an in-charge judge. The Bench further directed the trial court to allow Mr. Gadling inspection of case material within three weeks, frame charges within four weeks, return records to the NIA court in safe custody, and ensure his appearance through video conferencing.
The present bail plea arises from the 2016 Surjagarh arson case, in which several vehicles transporting iron ore from the Surjagarh mines were allegedly set ablaze by persons associated with the banned Communist Party of India (Maoist).
Mr. Gadling has been lodged in Taloja Central Prison since June 2018 following his arrest in the Elgar Parishad-Maoist links case, where he has remained incarcerated for nearly seven years without trial. The prosecution alleges that provocative speeches at the Elgar Parishad conclave on December 31, 2017, triggered violence near the Koregaon-Bhima war memorial the following day. Mr. Gadling was subsequently arrested in February 2019 in the Surjagarh arson case. On January 31, 2023, the Nagpur Bench of the Bombay High Court rejected his bail plea, observing allegations regarding his membership of the banned Maoist group.
