SC judge recuses from hearing Umar Khalid’s bail application

New Delhi, August 9

Justice Prashant Kumar Mishra of the Supreme Court on Wednesday recused himself from hearing former Jawaharlal Nehru University (JNU) student Umar Khalid’s petition seeking bail in a UAPA case relating to ‘conspiracy’ behind the February 2020 communal riots in the national capital that left 53 persons dead and over 700 injured.

As soon as Khalid’s petition came up for hearing before a Bench of Justice AS Bopanna and Justice Prashant Kumar Mishra, Justice Bopanna said, “This will come before some other Bench. There is some difficulty for my brother (Justice Mishra) to take up this matter.” Justice Bopanna, however, didn’t assign any reason for Justice Mishra’s recusal.

Delhi Police counsel Rajat Nair said they have already filed a counter affidavit but there was an objection shown by the court’s Registry. “There are certain portions of statements which we have extracted, that portion is in vernacular. That statement itself is in vernacular.” Nair said he would file the relevant portion of the chargesheet filed in the case. “The matter can’t be taken up in this combination of the Bench. Hence, list on August 17,” the Bench said.

The top court had on May 18 asked the Delhi Police to respond to Khalid’s petition challenging the Delhi High Court order refusing him bail. On July 12, the Delhi Police had sought time to file its reply to Khalid’s petition.

In its October 18 2022 order, the high court had turned down his bail plea, noting that he was in constant touch with other co-accused and allegations against him are prima facie true. The actions of the accused prima facie qualified as “terrorist act” under the anti-terror law UAPA, it had said.

Khalid, Sharjeel Imam and several others have been booked under the anti-terror law UAPA and the IPC for allegedly being the masterminds of the February 2020 riots during the visit of the then US President Donald Trump.