Delhi HC judge recuses self from hearing bail plea of Umar Khalid in UAPA case

Delhi High Court judge Justice Amit Sharma on Monday, 22 July recused himself from hearing the bail plea of former JNU student Umar Khalid in a UAPA case related to the alleged larger conspiracy behind the riots here in February 2020.

The matter was listed for hearing before a division bench of Justice Prathiba M Singh and Justice Sharma.

This has to go before another bench, Justice Singh said.

"List before another bench, of which Justice Amit Sharma is not a member, on July 24," the court ordered.

Khalid, who was arrested by the Delhi Police in September 2020, has assailed a recent trial court order refusing to grant him bail in the case.

Khalid, Sharjeel Imam, and several others have been booked under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots in the national capital, which had left 53 people dead and over 700 injured.

The violence had erupted during the protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).

On 28 May, the trial court had rejected Khalid's plea seeking regular bail for the second time, saying its previous order dismissing his first bail application had attained finality.

"When the Delhi High Court has already dismissed the criminal appeal of the applicant (Khalid) vide order dated October 18, 2022, and thereafter, the applicant approached the Supreme Court and withdrew his petition, the order of this court as passed on March 24, 2022 (on the first bail plea), has attained finality and now, in no stretch of imagination this court can make analysis of the facts of the case as desired by the applicant and consider the relief as prayed by him," the trial court had said.

On 18 October, 2022, the high court had upheld the dismissal of the first bail plea and said the city police's allegations against him are prima facie true.

The high court had said the anti-CAA protests "metamorphosed into violent riots", which "prima facie seemed to be orchestrated at the conspiratorial meetings" and the statements of the witnesses indicate Khalid's "active involvement" in the protests.