Supreme Court judge recuses himself from hearing Umar Khalid bail plea in Delhi riots 2020 case
Umar Khalid. (Photo credit: PTI file)
The Delhi High Court, while dismissing Umar Khalid’s bail plea, said that his actions in the case prima facie qualified as “terrorist act” under UAPA. It further said that he was in constant touch with other co-accused in the case and allegations against him are prima facie true.
New Delhi: Supreme Court judge Justice Prashant Kumar Mishra on Wednesday recused himself from hearing a bail filed by former Jawaharlal Nehru University (JNU) student Umar Khalid in the Unlawful Activities (Prevention) Act (UAPA) case related to the 2020 Delhi riots.
The bail plea of Khalid came up for hearing before a bench comprising Justice AS Bopanna and Justice Prashant Kumar Mishra on Wednesday.
“This will come before some other bench. There is some difficulty for my brother (Justice Prashant Kumar Mishra) to take up this matter,” Justice Bopanna said, without assigning any reason for recusal of Justice Mishra.
Khalid has challenged a Delhi High Court order refusing to grant him bail.
The High Court, while dismissing Khalid’s bail plea, said that his actions in the case prima facie qualified as “terrorist act” under UAPA. It further said that he was in constant touch with other co-accused in the case and allegations against him are prima facie true.
The Delhi Police on July 12 had sought time for responding to Khalid’s bail plea, contending that the chargesheet in the case is running into thousands of pages. The top court had on May 18 sought response of Delhi Police on Khalid’s bail plea challenging the High Court order.
Senior advocate Kapil Sibal, who appeared for Khalid, had on July 12 said, “In a bail matter, what counter is to be filed. The man is inside for two years and 10 months.”
Delhi Police advocate Rajat Nair told the bench on Wednesday that it has filed a counter affidavit in the case, however, the top court registry has shown some objection to it.
The bench directed for taking the counter affidavit on record and fixed August 17 for further hearing into the matter, news agency PTI reported.
Khalid is currently lodged in judicial custody on various charges related to 2020 Delhi riots conspiracy case. The charges against him include criminal conspiracy, rioting, unlawful assembly and other charges under several sections of the UAPA.
The Delhi Police arrested him in September 2020.