The Delhi High Court on Tuesday dismissed the bail plea of Athar Khan, one of the accused in the alleged larger conspiracy case linked to the 2020 North-East Delhi riots.
A Division Bench comprising Justice Prathiba M. Singh and Justice Madhu Jain upheld the trial court’s January 29 order refusing him bail in the case registered under the Unlawful Activities (Prevention) Act (UAPA).
Court Cites Flight Risk and Possibility of Influencing Witnesses
While rejecting the plea, the High Court observed that Khan’s role in the alleged conspiracy was prima facie established and held that he could be a flight risk if released on bail.
The Bench also noted that, based on statements of protected witnesses, there was a possibility that Khan could influence witnesses if granted bail.
During earlier hearings, the Court had orally observed that WhatsApp chats placed on record appeared to prima facie indicate the existence of a conspiracy.
Defence Sought Bail on Grounds of Parity
Khan had sought bail on the ground of parity with co-accused Shadab Ahmad, who was granted bail by the Supreme Court of India.
Appearing for Khan, Advocate Arjun Dewar argued that the WhatsApp conversations relied upon by the prosecution reflected plans for non-violent protests.
The defence maintained that Khan was, at most, a local-level facilitator without any decision-making authority in the alleged conspiracy.
Delhi Police Opposed Bail
Opposing the plea, Additional Solicitor General S. V. Raju, appearing for Delhi Police, argued that Khan’s role was comparable to that of co-accused Umar Khalid and Sharjeel Imam.
According to the prosecution, WhatsApp chats attributed to Khan included discussions allegedly advocating violence.
“He would not fit into a sidekick or peripheral role. His role is on a different footing,” the prosecution argued, contending that Khan fell within the category of accused alleged to have played a significant role in the conspiracy and was therefore not entitled to bail.
APCR Says It Will Move Supreme Court
Following the High Court’s decision, Nadeem Khan of the Association for Protection of Civil Rights told The Observer Post that the organisation would challenge the order before the Supreme Court.
“Athar Khan’s bail plea has been rejected by the Delhi High Court. We will soon apply to the Supreme Court,” he said.
About the Case
The larger conspiracy case relates to the communal violence that took place in North-East Delhi in February 2020. The accused have been booked under provisions of the UAPA and the Indian Penal Code for allegedly conspiring to orchestrate the riots.
Several prominent accused in the case include Umar Khalid, Sharjeel Imam, Tahir Hussain, Gulfisha Fatima, Safoora Zargar, Natasha Narwal, Devangana Kalita and others.
