Third Supreme Court Judge Steps Down from Activist's Bail Hearing
New Delhi: Justice Shree Chandrashekhar of the Supreme Court on Tuesday recused himself from hearing the bail plea of lawyer-activist Surendra Gadling in the 2016 Gadchiroli arson case. He is the third judge to withdraw from the case, following Justices Atul Chandurkar and MM Sundresh.
At the outset of the hearing before a bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar, the court directed that the matter be listed before another bench. "It will go to some other combination; my brother has some difficulty. Post before the bench in which one of us isn't there," Justice Mishra said.
Gadling had approached the apex court challenging the Bombay High Court order that denied him bail in the arson case. He is booked under various sections of the Unlawful Activities (Prevention) Act and the Indian Penal Code for allegedly conspiring with Maoists to set fire to over 80 vehicles transporting iron ore from Surjagarh mines in Maharashtra's Gadchiroli district.
The repeated recusals have drawn attention to the case, but no official reasons have been disclosed for the judges' decisions to step aside. Legal experts note that recusal is a judicial prerogative and does not necessarily reflect on the merits of the case.
The Supreme Court is expected to assign the case to a new bench shortly. Gadling remains in custody pending the bail decision.