Supreme Court Judge Recuses from Umar Khalid’s UAPA Bail Plea Hearing Due to Unspecified Reasons
09-08-2023 : Justice Prashant Kumar Mishra, a Supreme Court judge, has recused himself from presiding over the plea filed by former JNU student Umar Khalid, who seeks bail in a case under the Unlawful Activities (Prevention) Act (UAPA) related to the alleged conspiracy behind the riots in Delhi in February 2020.
Khalid’s petition, challenging the Delhi High Court’s October 18, 2021 decision that denied him bail, was scheduled for a hearing before a bench comprised of Justices A S Bopanna and Prashant Kumar Mishra.
Justice Bopanna announced at the start of the proceedings, “This will come before some other bench. There is some difficulty for my brother (Justice Mishra) to take up this matter,” refraining from providing further details about Justice Mishra’s recusal.
During the hearing, Rajat Nair, the advocate representing the Delhi Police, informed the bench that a counter affidavit had been filed, but there were objections raised by the apex court registry. Nair pointed out that certain portions of statements were in the vernacular language, and he intended to submit a relevant section of the charge sheet as well.
The bench postponed the case until August 17 and directed that the counter affidavit be accepted into the records. The bench clarified, “The matter can’t be taken up in this combination of the bench. Hence, list on August 17.”
On July 12, the Delhi Police requested more time to respond to Khalid’s plea. Senior advocate Kapil Sibal, representing Khalid, had emphasized, “In a bail matter, what counter is to be filed. The man is inside for two years and 10 months.”
On May 18, the Supreme Court had sought a response from the Delhi Police regarding Khalid’s plea challenging the high court’s decision to deny him bail. The high court had dismissed his bail plea, asserting that he had been in constant communication with other co-accused, and the allegations against him were prima facie valid. The high court also characterized the actions of the accused as qualifying as a “terrorist act” under the UAPA.
Umar Khalid, along with Sharjeel Imam and others, has been charged under the UAPA and relevant sections of the Indian Penal Code for allegedly being the “masterminds” behind the riots in February 2020, resulting in 53 fatalities and over 700 injuries. These riots emerged amidst protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
Khalid, who was apprehended by the Delhi Police in September 2020, has sought bail on the grounds that he had neither played a criminal role in the violence nor had any “conspiratorial connection” with other suspects in the case. The Delhi Police, in their opposition to Khalid’s bail plea before the high court, argued that his speech was “very calculated” and discussed issues such as Babri Masjid, triple talaq, Kashmir, Muslim suppression, and the CAA and NRC.
