SC judge recuses himself from Umar Khalid case; hearing on Aug 17

The Supreme Court will on August 17 hear former JNU student Umar Khalid’s plea for bail in a UAPA case linked to the Delhi riots of 2020 after Justice Prashant Kumar Mishra on Wednesday recused himself from hearing it.

Supreme Court judge Justice Mishra on Wednesday recused himself from hearing a plea filed by former JNU student Umar Khalid seeking bail in a UAPA case related to alleged conspiracy behind the riots here in February 2020.

Also read: Umar Khalid has changed as an activist during 1000 days in jail, says father Dr. Ilyas

Khalid’s petition challenging the October 18 order of the Delhi High Court rejecting his appeal for bail came up for hearing before a bench of Justices AS Bopanna and Mishra.

“This will come before some other bench. There is some difficulty for my brother (Justice Mishra) to take up this matter,” Justice Bopanna said, without assigning any reason for the recusal.

Advocate Rajat Nair, appearing for Delhi Police, told the bench that they have filed a counter affidavit but there is an objection shown by the apex court registry.

“There are certain portion of statements which we have extracted, that portion is in vernacular,” he said. “That statement itself is in vernacular.”

Bail hearing on August 17

The bench, which posted the matter for hearing on August 17, said the counter affidavit be taken on record.

“The matter can’t be taken up in this combination of the bench. Hence, list on August 17,” the bench said.

On July 12, the Delhi Police had sought time to respond to Khalid’s petition.

Also read: Umar Khalid denied bail in 2020 Delhi riots case

Senior advocate Kapil Sibal, appearing for Khalid, had then said: “In a bail matter, what counter is to be filed? The man is inside for two years and 10 months.”

The high court in October last year rejected his bail plea, saying he was in constant touch with other co-accused and allegations against him are prima facie true.

Also read: Delhi riots case based on half-truths, false witnesses: Umar Khalid lawyer in court

The high court also said his actions prima facie qualified as “terrorist act” under the anti-terror law UAPA.

Khalid and several others have been booked under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code for allegedly masterminding the 2020 riots that left 53 people dead and over 700 injured.

(With inputs from agencies)