The Bombay high court on Monday reserved its order in an application filed by human rights advocate Surendra Gadling seeking temporary bail to perform funeral rites of his mother on her first death anniversary on August 15.
Gadling has challenged the order of special NIA court refusing him temporary bail to perform last rites of his mother last year. He has sought temporary bail for three weeks.
While arguing before a division bench of Justices SS Shinde and NJ Jamdar, senior counsel Indira Jaising said that Gadling was a lawyer and can be given bail on humanitarian grounds. Ruling out the flight risk in case he was released on bail, Jaising argued that he did not flee when there was a raid at his house.
“The court was in error in refusing him bail and restitution must be done,” argued Jaising.
Jaising further said that Gadling will abide by the conditions imposed if granted bail and will appear before a local police station too.
Jaising pointed out that another accused, Sudha Bhardwaj, was granted interim bail to attend her mother’s funeral in 2019.
Sandesh Patil, advocate for the National Investigation Agency, opposed Gadling’s bail saying that the prayer in the application did not survive. Gadling has challenged an order of NIA court refusing to grant bail to attend his mother’s funeral last year.
Patil argued that the incident was of August 2020 and that he is not required to attend the funeral. The appeal has been filed one year after the incident, hence the reason given for bail does not survive, argued Patil.
Patil further argued that Gadling was making a new case for bail in his old appeal. “Today the reasons which are given are totally different. Can we give him interim bail on these totally new reasons?” questioned Patil.
The new case is that last rites have to be performed on the first death anniversary. Gadling, himself, has said that there are eight family members including an elder brother. Patil argued: “So he does not need to conduct the rites. Anyone can do it on his behalf.”
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