Delhi High Court judge Justice Amit Sharma recused from hearing the bail plea of Tahir Hussain, an accused in the Delhi riots conspiracy case. The matter will now be heard by another bench on June 10. Hussain is seeking regular bail under UAPA.
The Delhi High Court judge Justice Amit Sharma recused from hearing the bail plea of Tahir Hussain. Now the matter will be heard by another bench on June 10.
Tahir Hussain is an accused in the larger Conspiracy of the Delhi riots case under UAPA. He is seeking regular bail. His earlier bail plea was rejected by the trial court.
The bail plea came up for hearing before the vacation bench of Justices Saurabh Banerjee and Amit Sharma for hearing. Thereafter, Justice Amit Sharma recused from the hearing of the bail plea. The division bench directed to list the matter before a bench of which is not include Justice Amit Sharma.
Advocate Rajiv Mohan alongwith Sonal Sarda, appeared for Tahir Hussain. Advocate Tara Narula has filed the bail application on behalf of Tahir Hussain.
Trial Court Rejection of Bail
It is stated that the trial court had wrongly rejected the bail plea. It is also stated that Tahir Hussain has been in custody for more than 6 years.
On January 29, Delhi's Karkardooma Court had rejected regular bail pleas of Tahir Hussain, Athar Khan and Saleem Malik alias Munna, who had been granted bail by the High Court. Additional Sessions Judge (ASJ) Sameer Bajpai had rejected, saying that there is no merit in the applications in view of the legal provisions of the Unlawful Activities (Prevention) Act (UAPA).
The Supreme Court on January 5 granted bail to 5 accsued in this case. The bail pleas of Umar Khalid and Sharjeel Imam were rejected by the apex court.
" Now, despite the order of the Hon'ble Supreme Court regarding co-accused persons, when this Court has once formed the opinion that prima facie a case is made out against the applicant, no other different opinion can be formed now by reviewing the earlier order," ASJ Bajpai said in the order passed on January 29.
While dismissing the bail plea of Tahir Hussain, the court said, "Accordingly, the Court doesn't find merits in the application, and the same is hereby dismissed."
The court had earlier also dismissed the bail application of Tahir Hussain on March 30, 2024 and had said the Allegations against the Accused are prima facie true.
" In the earlier order, this Court also observed that a prima facie case was there against the applicant and the bar under section 43D(5) OF UAPA was there and therefore, the case of the applicant was not a fit case for bail," the court said in the order.
In this case, Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Ishrat Jahan, Safoora Zargar and others are accused in this case. They are charge-sheeted under the IPC and the UAPA. The matter is at the stage of arguements on charges. (ANI)
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