The Delhi High Court on Tuesday refused to grant bail to Athar Khan, an accused in the larger conspiracy case linked to the 2020 North-East Delhi riots.
The Division Bench of Justice Prathiba M Singh and Justice Madhu Jain observed that Khan’s alleged role in the violence and the resulting deaths was prima facie made out. The Court also noted that he posed a flight risk and could potentially influence witnesses if released on bail.
During the hearing, Khan’s counsel argued that WhatsApp chats relied upon by the prosecution reflected plans for peaceful and non-violent protests. The defence contended that Khan was merely a local-level facilitator and did not hold any decision-making authority in the alleged conspiracy.
However, Additional Solicitor General S V Raju, appearing for the Delhi Police, strongly opposed the bail plea. He argued that Khan’s role was comparable to that of other key accused persons such as Umar Khalid and Sharjeel Imam.
The prosecution argued that incriminating WhatsApp chats placed Khan at the center of the conspiracy rather than the periphery. Citing the Gulfisha precedent, Raju submitted that Khan’s significant involvement put him in a category of accused who are explicitly ineligible for bail.
The case relates to the communal violence that broke out in North-East Delhi in February 2020 during protests against the Citizenship Amendment Act protests. The riots claimed more than 50 lives and left hundreds injured.
Several persons, including Khan, were arrested in connection with allegations of a larger conspiracy behind the violence. The prosecution has invoked provisions of the Unlawful Activities (Prevention) Act (UAPA) in the matter.
A sessions court had earlier rejected Khan’s bail plea on January 29, following which he approached the High Court seeking relief.
