The Delhi High Court has refused to grant bail to Athar Khan, a key figure implicated in the 2020 Delhi riots conspiracy case. A Division Bench comprising Justices Prathiba M Singh and Madhu Jain determined that Khan’s involvement in the riots, which resulted in multiple fatalities, was prima facie evident, labeling him both a flight risk and a potential influence on witnesses. The Court’s detailed order is yet to be released.
Legal Proceedings and Arguments
Khan’s defense argued that the incriminating WhatsApp conversations merely indicated plans for peaceful protests, portraying him as a minor facilitator without substantial decision-making authority. However, the prosecution, represented by Additional Solicitor General S.V. Raju, countered these claims. Raju compared Khan’s alleged role to that of Umar Khalid and Sharjeel Imam, highlighting a purported statement by Khan calling for the killing of 100-150 individuals, as revealed in the chat records. He further emphasized that Khan should not be seen as a mere participant but as someone with a significant role, falling under the first category as per the Gulfisha judgment, which involves serious allegations.
Background of the Case
The Delhi riots, which erupted in North-East Delhi in 2020, were a tragic episode of communal violence that coincided with widespread protests against the Citizenship Amendment Act (CAA) of 2019. Over 50 lives were lost during the unrest. Athar Khan, along with several others, was charged with conspiring to instigate these riots, facing severe allegations under the Unlawful Activities Prevention Act (UAPA).
Earlier, the Karkardooma Court had denied Khan bail on January 29, prompting him to seek relief from the High Court. Arjun Dewan, Varisha Sharma, and Aryan Deol represented Khan in court, while the Delhi Police’s case was argued by Additional Solicitor General S.V. Raju, Special Public Prosecutor Madhukar Pandey, and advocates Dhruv Pandey and Ananya Bose.
