Delhi Riots UAPA Case: Delhi High Court Judge Justice Amit Sharma Recuses From Hearing Umar Khalid's Bail Plea

Delhi High Court judge, Justice Justice Amit Sharma, on Monday, recused from hearing the bail plea filed by Umar Khalid in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.

The matter was heard by a division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma which listed the appeal for hearing on July 24, along with bail pleas filed by other accused persons.

“Subject to orders of the Acting Chief Justice, let this matter be listed before a bench of which Justice Amit Sharma is not a member,” the court said.

Notably, Justice Sharma has earlier recused from hearing the already pending bail pleas of co-accused persons. As a lawyer, he has been appearing in various UAPA cases for NIA as SPP.

Khalid's second bail plea was denied by the trial court on May 28. He has challenged the said order in an appeal before the High Court.

The fresh bail plea was moved by Khalid after he withdrew his plea seeking relief from the Supreme Court. Khalid had challenged the decision of the Delhi High Court denying him bail in October 2022.

Khalid then moved a fresh application under Section 437 of Cr.P.C read with Section 43D (5) of UAPA.

His first plea seeking regular bail was dismissed by the trial court in March 2022.

Khalid has been behind bars since September 2020, awaiting his trial under the UAPA for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out in February 2020 in the national capital.

He has been accused along with various others, including Pinjra Tod members Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha, and student activist Gulfisha Fatima.

Others who have been charge-sheeted in the case include former Congress councillor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, and Shifa-Ur-Rehman, former Aam Aadmi Party councillor Tahir Hussain, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Mohd Salim Khan, and Athar Khan.

Khalid has been booked under Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act, 1967, Sections 25 and 27 of the Arms Act, 1959, and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

Title: Umar Khalid v. State