Delhi riots 2020: HC to hear Umar Khalid's bail plea in UAPA case on Monday
New Delhi (PTI): The Delhi High Court will on Monday hear the bail plea of former JNU student Umar Khalid in a UAPA case related to the alleged larger conspiracy behind the communal riots here in February 2020.
The bail pleas by other co-accused in the case -- student activist Sharjeel Imam and Gulfisha Fatima, 'United Against Hate' founder Khalid Saifi and others -- are also listed for fresh hearing before a bench of Justices Navin Chawla and Shalinder Kaur.
The cases were earlier before a bench headed by Justice Suresh Kumar Kait but the judge was recently transferred to the Madhya Pradesh High Court as its Chief Justice.
Umar Khalid, Sharjeel Imam and several others have been booked under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which had left 53 people dead and over 700 injured.
The violence had erupted during the protests against the CAA and NRC.
Umar Khalid, who was arrested by the Delhi Police in September 2020, has assailed a trial court order of May 28, which refused to grant him bail in the case. Notice on his appeal was issued by the high court in July.
The pleas of Imam, Saifi and other accused were filed in 2022 and have been listed before different benches from time to time since then.
Sharjeel Imam, in his appeal filed in 2022, has assailed a trial court order of April 11, 2022 which refused to grant him bail. The police had arrested Imam in the present case on August 25, 2020.
On May 28, the trial court had rejected Umar Khalid's plea seeking regular bail for the second time, saying its previous order dismissing his first bail application had attained finality.
"When the Delhi High Court has already dismissed the criminal appeal of the applicant (Khalid) vide order dated October 18, 2022, and thereafter, the applicant approached the Supreme Court and withdrew his petition, the order of this court as passed on March 24, 2022 (on the first bail plea), has attained finality and now, in no stretch of imagination this court can make analysis of the facts of the case as desired by the applicant and consider the relief as prayed by him," the trial court had said.
On October 18, 2022, the high court had upheld the dismissal of the first bail plea and said the city police's allegations against Umar Khalid are prima facie true.
The high court had said that admittedly, the anti-CAA protests "metamorphosed into violent riots", which "prima facie seemed to be orchestrated at the conspiratorial meetings" and the statements of the witnesses indicate Khalid's "active involvement" in the protests.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
