Supreme Court Requests Delhi Police Response on Bail Application of Delhi Riots Accused Athar Khan
The Supreme Court of India has sought a response from the Delhi Police concerning a bail application filed by Athar Khan, an accused in the 2020 Delhi Riots conspiracy case. This request came during proceedings on August 19, when a bench comprising Justices Aravind Kumar and Vipul M Pancholi issued a notice on Khan’s appeal challenging the Delhi High Court’s earlier decision to deny him bail.
Athar Khan is facing multiple charges, including those under the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code (IPC), the Arms Act, and the Prevention of Damage to Public Property Act. The charges connect him to an alleged larger conspiracy behind the North-East Delhi riots of 2020. According to the prosecution, Khan was responsible for managing the Chand Bagh protest site and was a participant in the conspiracy.
The initial trial court dismissed Khan’s bail request on January 29, 2021, prompting him to seek relief from the Delhi High Court. However, the High Court, in its judgment on July 7, 2023, upheld the trial court’s decision, citing substantial material against Khan. This included conversations retrieved from co-accused Ovais Sultan Khan and evidence from a protected witness identified as ‘Pluto,’ which suggested Khan’s significant involvement as a conspirator.
The High Court emphasized that Khan did not meet the stringent criteria for bail set under Section 43D(5) of the UAPA, nor did he fulfill the usual conditions required for granting bail. In response to the High Court’s decision, Khan has now moved the Supreme Court, arguing for bail based on prolonged incarceration, the delay in trial proceedings, and seeking parity with co-accused Shadab Ahmad, who has been granted bail.
Khan, who has been in custody since July 2020, contends that the evidence against him is flawed. He notes that no weapon was retrieved from him and no CCTV footage places him at the scene of the violence. His legal team, led by Senior Advocate Raju Ramachandran and a group of advocates including Fauzia Shakil and Ahmad Ibrahim, is vigorously contesting the allegations.
On the other side, the Delhi Police’s representation included Additional Solicitor General DP Singh, supported by advocates such as Shreya Dutt and Garima Saxena. The Supreme Court’s request for a response from the Delhi Police marks a crucial step in the ongoing legal proceedings regarding Khan’s bail plea.
