The NIA plea stated that the reasons for bail sought 10 months back do not exist today.
Calling it a “gross misuse of law”, the National Investigation Agency (NIA) has opposed the interim bail sought by lawyer Surendra Gadling to perform rituals on the first death anniversary of his mother, stating that they could be performed by any of his other family members. Nagpur-based Gadling, who was arrested in the Elgaar Parishad case, has filed an appeal before the Bombay High Court against a special court order, which, on September 11, 2020, had rejected his temporary bail application filed to attend the final rites of his mother who had died in August last year.
The NIA plea stated that the reasons for bail sought 10 months back do not exist today. “Temporary bail cannot be granted to the present accused for a reason which does not survive now. The seriousness of the offence, coupled with the fact that the reason for temporary bail does not survive now, is sufficient to reject the application,” the NIA’s reply to Gadling’s appeal in the High Court stated.
On Thursday, senior counsel Indira Jaising, representing Gadling, said his mother had passed away on August 15 last year. While his bail plea to perform the last rites then was rejected, the circumstances were such for the family that his brother and other members had been infected with Covid-19, were hospitalised and were not in a position to complete the last rituals, she added.
The counsel submitted that Gadling sought three weeks’ bail to perform the same, adding that his appeal had a detailed account of what he had planned for his mother’s first death anniversary.
The NIA alleged in its reply that its investigation had shown Gadling to be a member of banned organisation CPI (Maoist) and the special court had not granted him bail due to his “deep involvement in the case”. It also claimed that Gadling’s appeal did not disclose any ground for seeking relief and was a “gross abuse of the process of law”.
A division bench of Justice S S Shinde and N J Jamadar will hear the plea on July 26.
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