Delhi High Court denies bail to Athar Khan in Delhi riots conspiracy case

The Delhi High Court on Tuesday denied bail to Athar Khan, one of the accused in the Delhi riots conspiracy case.

A Division Bench of Justices Prathiba M Singh and Madhu Jain said that Khan's role in causing the death of people was prima facie established and that he is a flight risk.

The Court added that he can influence the witnesses.

A detailed order is awaited.

Khan's lawyer had argued that the WhatsApp chats showed that their plan was to conduct non-violent protests.

They added that, at best, Khan was a local-level facilitator for the protests, with no power of decision-making.

Additional Solicitor General S V Raju, appearing for Delhi Police, opposed the bail plea.

"His (Khan's) role can be compared with Umar Khalid and Sharjeel Imam. He has said that 100-150 people should be killed. There are WhatsApp chats. He would not fit into a sidekick or peripheral role. His role is on a different footing. He falls in the first category under Gulfisha judgment (the category of Delhi riots accused who are alleged to have played a serious role) and not entitled to bail," Raju said.

The Delhi riots case concerns the communal rioting that happened in North-East Delhi in 2020 and led to death of more than 50 people. The riots took place amid protests against the Citizenship Amendment Act of 2019. Several persons were arrested on allegations that the conspired to trigger the riots, including Athar Khan. The prosecution has invoked the provisions of the Unlawful Activities Prevention Act (UAPA) in the case.

A sessions court denied Khan bail on January 29 prompting him to approach the High Court for relief.

Advocates Arjun Dewan, Varisha Sharma and Aryan Deol appeared for Athar Khan.

Additional Solicitor General SV Raju, Special Public Prosecutor (SPP) Madhukar Pandey as well as advocates Dhurv Pandey and Ananya Bose appeared for the Delhi Police.