The Delhi High Court on Tuesday rejected the bail petition of Athar Khan, an accused in the larger conspiracy case relating to the 2020 North-East Delhi riots, holding that a prima facie case continued to exist against him under the provisions of the Unlawful Activities (Prevention) Act, 1967.
The Division Bench of Justice Prathiba M Singh and Justice Madhu Jain dismissed Khan’s appeal against the rejection of his bail application. A detailed order is awaited.
The counsel appearing for Khan contended that the prosecution had failed to establish his active participation in the alleged criminal conspiracy. It was argued that there was a material contradiction in the statements of a protected witness, identified as “Pluto,” who allegedly changed his version within three days.
The lawyer submitted that although the witness claimed that Khan was present at a meeting in the basement of one Ayaz in Chand Bagh, where discussions relating to the riots and killings allegedly took place, there was no independent material corroborating the allegation. The appellant argued that no evidence showed that Khan had participated in any conspiracy meetings with co-accused Umar Khalid and that no weapons, incriminating documents or other material had been recovered from his possession during the investigation.
He further submitted that the WhatsApp chats relied upon by the prosecution merely reflected discussions regarding peaceful and non-violent protests against the Citizenship (Amendment) Act, 2019, and did not disclose any intention to commit acts of violence. Referring to the Supreme Court’s decision granting bail to co-accused Gulfisha Fatima, the counsel argued that her alleged role was more serious than Khan’s and that he was therefore entitled to bail on the ground of parity.
Opposing the plea, the prosecution submitted that Khan’s earlier bail application had already been rejected in September 2025 after the Court recorded a finding that a prima facie case was made out against him, and that the order had attained finality as it was not challenged before a higher forum.
The prosecution further contended that Khan could not seek parity with other accused who had secured bail because there was specific and independent evidence implicating him. It argued that the statement of the protected witness and the WhatsApp chats relied upon during the investigation indicated Khan’s involvement in the alleged conspiracy and demonstrated an intention to facilitate violence rather than merely organise peaceful protests.
During the proceedings, the prosecution also argued that Khan’s role was comparable to that of other principal accused, including Umar Khalid and Sharjeel Imam. It was submitted that the electronic evidence, particularly the WhatsApp conversations, placed him at the centre of the alleged conspiracy rather than on its periphery. Relying on the Supreme Court’s observations in the Gulfisha Fatima case, the prosecution contended that Khan’s alleged role and level of involvement disentitled him to the grant of bail.
After considering the rival submissions, the High Court declined to grant bail. The Bench observed that Khan’s alleged involvement in the conspiracy and the violence resulting in multiple deaths was prima facie established. The Court also took note of the possibility of the accused absconding if released and observed that there was a likelihood of his influencing prosecution witnesses during the course of the trial.
The case arises out of the communal violence that erupted in North-East Delhi in February 2020 during protests against the Citizenship (Amendment) Act. The riots resulted in the deaths of 53 people and left several hundred others injured. The Delhi Police alleges that the violence was the outcome of a larger criminal conspiracy, leading to the registration of offences under the Indian Penal Code and the Unlawful Activities (Prevention) Act against several accused.
Khan is among those chargesheeted in the case along with Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Safiur Rehman, Meeran Haider, Faizan Khan, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Tasleem Khan, Safoora Zargar, Ishrat Jahan, Gulfisha Fatima, Saleem Khan and Saleem Malik.
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