Supreme Court Takes Up Athar Khan’s Bail Plea in 2020 Delhi Riots Case

The Supreme Court has sought a response from the Delhi Police on a bail plea filed by Athar Khan, an accused in the case concerning the alleged larger conspiracy behind the February 2020 northeast Delhi riots.

A bench of Justices Aravind Kumar and Vipul M Pancholi issued notice to the Delhi Police on Khan’s appeal challenging the Delhi High Court’s July 7 order refusing him bail. The Supreme Court directed that the matter be listed after eight weeks.

The High Court had rejected Khan’s challenge to a trial court order dated January 29, which had denied him bail under the Unlawful Activities (Prevention) Act (UAPA). The court had described Khan as “one of the main conspirators” allegedly involved in planning violence during the riots, rejecting the argument that he was merely a local-level facilitator.

Khan’s counsel had sought bail citing his six years in custody and the Supreme Court’s decision to grant relief to some similarly placed co-accused. However, the High Court held that Khan’s alleged role was materially different from those cases.

According to the High Court, material placed before it, including a statement by a protected witness, indicated that Khan allegedly continued to pursue violent protests even when others in a WhatsApp group had suggested non-violent demonstrations. The court said his prima facie role in causing deaths and destruction of public and private property meant that his plea failed to meet the strict bail conditions under Section 43D(5) of the UAPA.

Khan, a former call centre employee, has been accused of being among the key organisers of protests at Chand Bagh. The Delhi Police Special Cell has alleged that he participated in secret meetings, made inflammatory statements and coordinated the destruction of CCTV cameras.

Arrested in July 2020, Khan faces charges in connection with the riots, which erupted amid protests over the Citizenship (Amendment) Act and proposed National Register of Citizens and left 53 people dead and more than 700 injured. Activists including Sharjeel Imam, Khalid Saifi and Umar Khalid are also accused in the larger conspiracy case.