Delhi High Court Judge Justice Amit Sharma Recuses Himself from Umar Khalid’s Bail Hearing

In a significant development on Monday, Justice Amit Sharma of the Delhi High Court recused himself from hearing the bail plea of Umar Khalid, a former student of Jawaharlal Nehru University (JNU), who is implicated in a case under the Unlawful Activities (Prevention) Act (UAPA) concerning the Delhi riots of February 2020.

The hearing was initially scheduled before a division bench comprising Justice Prathiba M Singh and Justice Sharma. During the proceedings, Justice Singh remarked, “This has to go before another bench,” leading to the decision to relocate the hearing. The court has directed that the matter be listed before a different bench, which does not include Justice Sharma, on July 24.

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Umar Khalid was arrested by the Delhi Police in September 2020. He is accused, along with Sharjeel Imam and others, of being the masterminds behind the riots, which resulted in 53 deaths and injuries to over 700 individuals. The violence erupted amid protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

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Khalid’s legal struggles continued as his recent bail application was denied by a trial court on May 28, following a previous dismissal which the court declared had “attained finality.” This decision was upheld by the Delhi High Court on October 18, 2022, asserting that the allegations against Khalid by the city police seem “prima facie true.” The high court also indicated that the anti-CAA protests “metamorphosed into violent riots” allegedly orchestrated by Khalid and others, as evidenced by witness statements and other findings.

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