The Supreme Court on Wednesday (September 24) raised concerns over the prolonged pendency of trial proceedings against lawyer and activist Surendra Gadling in the 2016 Gadhchiroli arson case..
A bench comprising 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 SV Raju, appearing for the State of Maharashtra.
ASG Raju submitted that the delay was not attributable to the prosecution but to the accused himself. The ASG argued that Gadling had filed a discharge application but was refusing to argue it unless he was permitted to be physically prese