MUMBAI: The Bombay high court on Friday granted interim bail to Elgar Parishad case accused Surendra Gadling from August 13-21 to go to Nagpur and complete the last rites of his mother on the occasion of her first death anniversary.
Gadling, an advocate, had challenged a September 2020 rejection of the NIA court. But the NIA had said much time has passed hence the trial court’s order cannot be disturbed now, and also cited the charges to argue Gadling faces a serious case under the Unlawful Activities (Prevention) Act.
Gadling’s senior counsel Indira Jaising had also pleaded on “humanitarian grounds’’ for three weeks’ interim bail before a bench of Justices S S Shinde and N J Jamadar.
The NIA, which is prosecuting 15 accused in the Elgar Parishad case having charged them for being alleged Maoists, opposed his plea. Its counsel Sandesh Patil had on Monday said there were an adequate number of family members who can carry out the last rites and said the scope of the legal provisions cannot be expanded in an appeal as it was not a plea under Article 226 to invoke extraordinary jurisdiction of the HC. Apart from that, Patil said the case against Gadling was serious.
Gadling was arrested on June 6, 2018, and has not been granted bail since.
The NIA’s case is that on December 31, 2017, Elgar Parishad at Shaniwarwada in Pune, was funded by the banned CPI (M) as part of a conspiracy to create unrest and provocative speeches promoted enmity between various caste groups. This, they said, led to the January 1, 2018, clashes at Koregaon Bhima.