SC concerned: How many yrs without trial?

The Supreme Court on Wednesday expressed concern over the prolonged pendency of trial proceedings against lawyer and activist Surendra Gadling in the 2016 Gadhchiroli arson case.

- FPJ News Service

A bench of Justice JK Maheshwari and Justice Vijay Bishnoi asked whether a person can be kept in custody as an undertrial for many years. “But why is the trial not going on? Because you keep a person in custody without trial for how many years?” Justice Maheshwari asked Additional Solicitor General (ASG) SV Raju, who appeared for the State of Maharashtra.

Live Law reported that ASG Raju said the delay was due to Gadling himself, as he had filed a discharge application but was refusing to argue it unless he was permitted to be physically present in court. Raju added that he could not be physically produced due to security concerns. The bench questioned why the application could not be dismissed if the accused was not cooperating and why the trial should be held up for this reason. “So let it be decided. If they are not arguing, let it be decided. Mention that they are refusing to argue,” Justice Maheshwari remarked.