Delhi High Court Deliberates on Bail for Delhi Riots Accused Athar Khan

The Delhi High Court has reserved its decision regarding a bail application submitted by Athar Khan, an accused in the high-profile Delhi riots conspiracy case. During Tuesday’s proceedings, the Division Bench, comprising Justices Prathiba M Singh and Madhu Jain, scrutinized WhatsApp communications presented in the case, which suggest Khan’s active involvement in the alleged conspiracy.

Justice Singh and Justice Jain commented on the nature of the messages, stating, “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 WhatsApp conversations were introduced as evidence by Khan’s legal representative, who argued that the chats also depict an intention to engage in non-violent demonstrations. It was further asserted that no weapons were discovered in Khan’s possession. Khan’s counsel emphasized that his involvement was limited to being a local facilitator without any significant decision-making authority.

Representing the Delhi Police, Additional Solicitor General S V Raju vehemently opposed the bail plea. He equated Khan’s role with those of Umar Khalid and Sharjeel Imam, stating, “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 the Gulfisha judgment (the category of Delhi riots accused who are alleged to have played a serious role) and not entitled to bail.”

The Delhi riots case pertains to the communal violence that erupted in North-East Delhi in 2020, resulting in over 50 fatalities. The unrest coincided with widespread protests against the Citizenship Amendment Act of 2019. Numerous individuals, including Athar Khan, were apprehended under allegations of orchestrating the riots, with charges filed under the Unlawful Activities (Prevention) Act (UAPA).

Previously, a sessions court had denied Khan’s bail on January 29, 2026, prompting him to seek intervention from the High Court. The legal community and public continue to closely follow developments in this case, which remains a significant focal point in discussions regarding civil unrest and legal accountability in India.