The Supreme Court Judge Justice Prashant Kumar Mishra on Wednesday recused himself from hearing the bail application of Umar Khalid in 2020 Delhi riots larger conspiracy case.
The matter was listed before a bench of Justice AS Bopanna and Justice Prashant Kumar Mishra. However, when the matter came up, Justice Bopanna indicated, “This will come before some other bench. There is some difficulty on the part of my brother.”
Consequently, the bench directed that the case be reassigned to a different composition and set for hearing on August 17, 2023.
Umar Khalid was represented by Senior Advocates Kapil Sibal and Chander Uday Singh, while Advocate Rajat Nair appeared on behalf of the Delhi Police.
Khalid has been in custody since September 2020, awaiting trial under the Unlawful Activities (Prevention) Act for his alleged involvement in the broader conspiracy surrounding the communal violence that occurred in February 2020 in Delhi.
The bench had been reviewing Khalid’s Special Leave Petition challenging the Delhi High Court’s decision to deny him bail last year. The Supreme Court issued notice on Khalid’s plea on May 18, following which the bail hearing was postponed twice. First, on July 12, the Delhi police requested more time to submit a counter-affidavit, and then again on July 24, a letter of adjournment was circulated by Khalid’s legal counsel. Presently, Khalid has spent more than 1050 days in incarceration.
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