Messages show active participation: Delhi High Court on Delhi riots accused Athar Khan

The Delhi High Court on Tuesday reserved its verdict on a bail petition filed by Athar Khan, one of the accused in the Delhi riots conspiracy case.

The Division Bench of Justices Prathiba M Singh and Madhu Jain today also observed that WhatsApp chats placed on record indicated that Athar Khan was actively involved in the alleged conspiracy.

"These messages actually prove the conspiracy, that they were together... sometimes when people conspire things go out of hand, and that is what has happened. We all were witness to these riots. These messages prove you were an active participant. This is shocking. If you agree to conspiracy, then what relief?" the Bench remarked.

The WhatsApp chats were placed on record by counsel representing Khan. He submitted that the WhatsApp chats would also show that the plan was to conduct non-violent protests.

Further, he submitted that no weapons were recovered from Khan. Among other arguments, his counsel also said that Khan did not meet Umar Khalid, also accused and among those presently in jail in connection with the Delhi riots case.

Khan's counsel added that at best, his client was at best 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, 2026, prompting him to approach the High Court for relief.

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