Petition Demanding the Immediate Release of Surendra Gadling

Image Credit: cjp.org.in

Surendra Gadling is a human rights lawyer and Dalit rights activist based in Nagpur. He is known for taking up cases of extra-judicial killings, police excesses and atrocities against Dalits and Adivasis in Gadchiroli and Gondia districts. He is considered to be an expert in special laws like UAPA, the Forest Rights Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

He represented Arun Ferreira between 2007 and 2012. Until his arrest, he was handling the case of G.N. Saibaba, a wheelchair-bound Delhi University professor jailed for alleged Naxal links. He is known to take up most of his cases pro bono.

While working as an apprentice in the railways, Surendra started the Awhan Natya Manch, which would organise cultural evenings in the bastis of Nagpur and engage in conversations around rights and oppression. He has also been a member of the Committee for Protection of Democratic Rights (CPDR) and the Committee for Release of Political Prisoners (CRPP).

Gadling was part of an independent fact-finding team that probed the encounter killing of 40 alleged Maoists by the police in Gadhchiroli in April 2018. He has also been a voice against persecution of the lawyers by the police machinery. He conducted a fact-finding mission in Chhattisgarh and brought out a report about persecution and harassment of lawyers who take up cases pertaining to tribals trapped in UAPA cases.

Gadling has been deeply involved with issues related to backward communities, in defense of reservation and in defense of the independence of the judiciary. He has been instrumental in spreading awareness and organising public meetings on various human rights issues.

Among the persons Gadling defended, many were charged with UAPA/TADA and labeled as terrorists or Naxalites. Some of these names will definitely be part of history for their contribution towards society. He was also part of the Bhima Koregaon fact-finding team.

By deploying the heaviest of police bandobast, cordoning off the court premises, issuing alerts on the court hearing days, the police would often throw its weight to intimidate him and his clients in many of the cases he was involved with.

Despite all this, Gadling has been successful in convincing the courts of law about the innocence of his clients and in the discarding of many ridiculous allegations. He has fearlessly defended many even when there was strong objection from bar associations, negative publicity in media and open threats from investigating bodies.

He has been appointed special public prosecutor in cases filed by women’s organizations on multiple occassions. In one dowry death case, despite a hostile investigation team, Gadling managed to prove the case beyond reasonable doubt and obtained the conviction of the husband. After the completion of the case, fulfilling his duty as prosecutor, Gadling wrote to the higher-ups in the police department seeking stern action against police officers from the investigation team for their divisive role.

It is clear that the role of Gadling as a lawyer and activist has been quite unpleasant for the powerful people in the police department. Given his committment to defend those who have been labelled “Naxals”, police officials have made every effort to target him. There have been many instances where police officials have conveyed their displeasure towards him in various ways for handling these cases.

During the trial of Prof G N Saibaba, Mr. Bawache – the then Investigating Officer in the case – had said in the court premises itself that once Saibaba is sent to jail it will be the turn of Advocate Surendra Gadling. This particular threat was given right in front of the juniors and associates of Gadling.

It was clear that the threat was administered only to ensure that the defense counsel does not dare to function with a free mind. True to his threat, Mr. Bawache even got one of the surrendered Naxalites to give 164 statements in which he has attributed some of the most ridiculous allegations against Gadling. Mr Bawache is known to be closely supervising the present case without officially being part of the investigation.

Gadling though has never been intimidated by such threats. There was even a the time when he had to keep his anticipatory bail order in his pocket as he participated in his own wedding.  However this time the BJP-led central government in collusion with the police have managed to find a way to silence him, but only temporarily.

Therefore the 6th June 2018 arrest of Surendra Gadling along with other political prisoners by the Pune police due to accusations of Maoist links, under the Unlawful Activities (Prevention) Act (UAPA) is baseless. Either the charges against him must be substantiated in some way or he must be freed from imprisonment immediately.

We demand Surendra Gadling and other political prisoners be released and the charges against them dropped immediately.

(Written by Nilkantha Mandal (Neel), law student at Bengal Law College, Santiniketan)

Launched by Socialist Party (India)

Endorsed by:

1. Nilkantha Mandal (Neel), student, Bengal Law College, Santiniketan
2. Sandeep Pandey, PhD, UC Berkeley; Visiting Faculty, IIT Kanpur, IIT Gandhinagar, BHU Varanasi, IIM Ahmedabad
3. Lubna Sarwath, PhD and Former Visiting Lecturer, Trisakti University, Jakarta, Indonesia
4. Bobby Ramakant, Citizen News Service  
5. Shreekumar, PhD, Indian Institute of Science, Bangalore; taught at National Institute of Technology Karnataka
6. Surabhi Agarwal, MPhil, Hyderabad University

Share on Facebook

Tweet