Justice Prashant Kumar recuses from Umar Khalid’s bail hearing

On Wednesday, Justice Prashant Kumar of the Supreme Court recused himself from hearing the bail plea of Umar Khalid, accused in the Delhi riots case under the UAPA. The case against Khalid was filed following the riots in North-East Delhi in February 2020. The plea was scheduled to be heard by a bench consisting of Justices AS Bopanna and Prashant Kumar, but Kumar withdrew from the hearing. Previously, in October 2022, the Delhi HC had denied Umar Khalid’s bail application. Following this, Khalid appealed to the Supreme Court. He was arrested by the Delhi Police in September 2020. In his HC petition, Khalid contended he played no criminal part in the violence and was not conspiring with any of the accused. The Delhi Police opposed his plea. After the trial court denied his bail in 2022, Khalid turned to the HC. He faces charges of criminal conspiracy, rioting, and under UAPA. Others prosecuted under UAPA in this case include Sharjeel Imam, Khalid Saifi, Natasha Narwal, Devangana Kalita, Safoora Zargar, and former AAP councillor Tahir Hussain. Riots erupted in NE Delhi amidst protests against the CAA and NRC, leading to 53 deaths and 700 injuries.

Allegations and actions against Umar Khalid

On 9 February 2016, a protest at JNU campus condemned the death sentences of 2001 Indian Parliament attack convict Afzal Guru and Kashmiri separatist Maqbool Bhatt. Four days later, Delhi Police arrested Kanhaiya Kumar for sedition and conspiracy. Five students, including Umar Khalid, went into hiding. After 10 days, Khalid and Anirban Bhattacharya were detained. An inquiry committee from JNU sanctioned several students. Kanhaiya Kumar received a Rs 10,000 fine, while Umar Khalid and Anirban Bhattacharya were suspended for one semester. JNU initially denied Khalid’s PhD thesis submission in July 2018 but accepted it after court intervention. On 28 February 2020, the Delhi government authorised sedition case prosecution.
Additionally, Jignesh Mevani and Umar Khalid were charged for ‘provocative’ speeches in Pune. The charges stemmed from promoting group enmity through their addresses.
Khalid was charged under UAPA by the Delhi Police for “inflammatory speech” during US President Trump’s India visit, which they believed incited the 2020 Delhi riots. Khalid was detained on 14 September 2020 as a suspected conspirator.
The charge sheet connected Khalid to the Shaheen Bagh protests against the CAA.
The Special Cell of Delhi Police is investigating a larger conspiracy besides multiple riot-related cases.
A supplementary charge sheet against Khalid in the Delhi riots case claims a multi-layered conspiracy and premeditated rioting, with substantial evidence against him. In January 2021, a court acknowledged the charge sheet. Khalid’s July 2021 bail request was denied, with the court suggesting a prima facie truth to allegations, highlighting his role in the “conspiracy context” of the riots.