Today, Justice Amit Sharma of the Delhi High Court recused himself from hearing the bail plea submitted by Umar Khalid in the Delhi riots larger conspiracy case, which is registered under the Unlawful Activities (Prevention) Act.

The case was heard by a division bench consisting of Justice Prathiba M. Singh and Justice Amit Sharma.

The court scheduled the appeal for hearing on July 24, along with the bail pleas submitted by other accused individuals.

“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 had previously recused himself from hearing the pending bail pleas of co-accused individuals. As a lawyer, he has represented the NIA as a Special Public Prosecutor in various UAPA cases.

Khalid's second bail plea was denied by the trial court on May 28, and he has since challenged this order in an appeal before the High Court.

Khalid submitted a new bail plea after withdrawing his previous request for relief from the Supreme Court. Initially, he had challenged the Delhi High Court’s decision denying him bail in October 2022.

He has now filed a fresh application under Section 437 of the Cr.P.C., read with Section 43D (5) of the UAPA. His first plea for regular bail was rejected by the trial court in March 2022.

Khalid has been in custody since September 2020, awaiting trial under the UAPA for his alleged involvement in the larger conspiracy related to the communal violence that erupted in February 2020 in the national capital.

He is accused alongside several others, including Pinjra Tod members Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha, and student activist Gulfisha Fatima. The case also includes former Congress councillor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, and Shifa-Ur-Rehman, former Aam Aadmi Party councillor Tahir Hussain, as well as activists Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Mohd Salim Khan, and Athar Khan.

Khalid faces charges 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.

Case Title: Umar Khalid v. State