Delhi High Court judge Justice Amit Sharma on Wednesday recused himself from hearing former Jawaharlal Nehru University (JNU) student Umar Khalid’s appeal against the rejection of his bail plea in a case linked to the alleged larger conspiracy behind the February 2020 Delhi riots, reports said.
The matter was listed before a division bench of Justices Prathiba M. Singh and Amit Sharma. During the hearing, Justice Singh said the case would have to be placed before another bench following Justice Sharma’s recusal.
The court directed that the matter be listed before a bench not comprising Justice Amit Sharma on July 24.
Khalid, who has been in custody since September 2020, has challenged a trial court order rejecting his second application for regular bail in the case.
Khalid, Sharjeel Imam and several others have been charged under the Unlawful Activities (Prevention) Act (UAPA) and various provisions of the Indian Penal Code over allegations that they were part of a larger conspiracy behind the communal violence that erupted in northeast Delhi in February 2020.
The violence, which broke out during protests against the Citizenship (Amendment) Act (CAA), left 53 people dead and more than 700 injured, according to official figures.
On May 28, a Delhi trial court dismissed Khalid’s second regular bail plea, saying its earlier order rejecting his first bail application had already attained finality.
The trial court noted that the Delhi High Court had dismissed Khalid’s appeal against the earlier bail rejection on Oct. 18, 2022, and that he later withdrew his petition challenging that order before the Supreme Court. It said there was no basis to reconsider the merits of the case in the manner sought.
In its 2022 order, the Delhi High Court upheld the rejection of Khalid’s first bail plea, holding that the allegations made by Delhi Police were prima facie true. The court observed that the anti-CAA protests had allegedly escalated into violence and, citing witness statements, said the riots appeared prima facie to have been preceded by conspiratorial meetings in which Khalid was alleged to have played an active role.
Khalid has denied the allegations against him. The trial in the case is yet to conclude.
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