Delhi High Court judge Justice Amit Sharma has recused himself from hearing the bail plea of Tahir Hussain. Now the second bench of the court will hear this case on June 10. Tahir is one of the accused in a major conspiracy in the Delhi violence case under UAPA. He is requesting the court to grant him regular bail. His previous bail plea was rejected by the trial court.
The bail petition came up for hearing before the vacation bench of Justice Saurabh Banerjee and Justice Amit Sharma. After this, Justice Amit Sharma recused himself from hearing the bail plea. During the hearing, the Division Bench directed that the matter be listed before a bench in which Justice Amit Sharma is not included.
Tahir Hussain is in custody for 6 years
Advocate Rajiv Mohan appeared on behalf of Tahir Hussain along with Sonal Sarda. Advocate Tara Narula has filed a bail petition on behalf of Tahir. It has been said in the petition that the trial court had wrongly rejected the bail petition. It also says that Tahir has been in custody for more than 6 years.
Earlier this year on January 29, Delhi’s Karkardooma court had rejected the regular bail pleas of Tahir as well as Athar Khan and Salim Malik alias Munna, who were granted bail by the high court. Additional Sessions Judge (ASJ) Sameer Bajpai had rejected the petitions saying that these petitions had no merit in view of the legal provisions of the Unlawful Activities (Prevention) Act (UAPA).
The court has already rejected the petition
Earlier on January 5, the Supreme Court had granted bail to 5 accused in this case. The Supreme Court had rejected the bail petitions of Umar Khalid and Sharjeel Imam. ASJ Bajpai said in his order dated January 29, “Now, despite the order of the Supreme Court in respect of the co-accused, once this Court has formed the opinion that a prima facie case is made out against the applicant, no second opinion can be formed by reviewing the previous order.”
Rejecting Tahir’s bail plea, the court said, “The court does not find any merit in this petition, and it is rejected.” The court had earlier also rejected Tahir’s bail plea on March 30, 2024 and had said that the allegations leveled against the accused prima facie appear to be true. The court said in its order, “In the previous order, this Court had also found that a prima facie case was made out against the applicant and the prohibition under Section 43D(5) of UAPA was applicable, therefore, the case of the applicant was not suitable for bail.”
Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Asif Safoora Zargar, Iqbal Tanha, Ishrat Jahan and others are accused in this case. Chargesheet has been filed against them under IPC and UAPA.
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