New Delhi: Justice P.K. Mishra has recused himself from hearing Umar Khalid’s bail plea in connection with his alleged involvement in the 2020 Delhi riots.
After Justice Mishra withdrew himself from hearing the case, the bench, headed by Justice A.S. Bopana, which was to hear the matter adjourned it.
“This will come before some other bench. There is some difficulty on the part of my brother [Justice Mishra],” Justice Bopanna said, according to Livelaw.
The bench said the matter will be next taken up on August 17 by a different composition of judges. The reason for Justice Mishra recusing himself is not immediately known.
Khalid has been in jail for 1050 days now, and has been charged under the Unlawful Activities (Prevention) Act. His prayer for bail was rejected by a trial court in Delhi in March last year. He then moved the Delhi high court in October 2022, which upheld the trial court order. The student leader then approached the Supreme Court in May this year.
After the matter came up before the apex court for the first time on May 18, it was adjourned twice, once on July 12 after the Delhi Police sought more time to file a counter-affidavit, and then again on July 24.
Justice Mishra was appointed as a Supreme Court judge on May 19 this year. He was last in the news for disagreeing with Justice A.S. Oka on granting interim bail to activist Teesta Setalvad in the Gujarat Police FIR over the alleged fabrication of evidence in the riots-related cases. The matter was then referred to a three-judge bench, which granted her bail.