The Delhi High Court on Tuesday reserved its verdict on the bail plea of Athar Khan, booked under the Unlawful Activities (Prevention) Act, 1967, over his alleged involvement in the 2020 North-East Delhi riots larger conspiracy case.
The Division Bench of Justice Prathiba M Singh and Justice Madhu Jain orally observed during the hearing that Khan’s WhatsApp chats prima facie indicated his involvement in the alleged conspiracy.
The observations came after Advocate Arjun Dewan, appearing for Khan, read out messages exchanged in a WhatsApp group. He argued that the chats showed there was no intention to block roads and referred to a deleted message allegedly linked to violence.
When the Court asked why the message had been deleted, Dewan said he was unaware of its contents. Expressing shock over the WhatsApp chats, Justice Singh remarked that to any outsider, the messages clearly proved a conspiracy and showed everyone acting in tandem. She added that when such plotting occurs, situations inevitably spiral out of control, concluding that the texts revealed the accused was an active participant in the 2020 unrest.
The High Court had last week granted bail to Saleem Malik, a co-accused in the same case. Seeking parity with co-accused Shadab Ahmad, who was granted bail by the Supreme Court, Khan argued that he too deserved relief. However, Additional Solicitor General SV Raju, appearing for the Delhi Police, contended that Khan’s role was distinct from that of Shadab Ahmad.
The ASG argued against bail, stating the accused was not a minor player but shared a level of responsibility comparable to Umar Khalid and Sharjeel Imam. Citing shocking calls to kill 100–200 people, the prosecution maintained that his case must be treated differently.
Dewan, on the other hand, argued that Khan was absent from several alleged conspiracy meetings and at most played a local-level role without any decision-making authority. Defending the bail plea, Khan’s lawyer argued that the authorities made no recoveries of weapons or money from him, maintaining that there was zero evidence placing the accused at the riot scenes or proving his involvement in the violence.
Seeking parity, Dewan argued that the role attributed to co-accused Gulfisha Fatima, who had already been granted bail by the Supreme Court, was far more serious, noting that she had actively mobilised people during the events.
Special Public Prosecutor Madhukar Pandey opposed the plea, arguing that the Supreme Court’s order in Gulfisha Fatima’s case did not apply to Athar Khan because he was not a party to those proceedings. Pandey also submitted that an earlier coordinate bench order against Khan had attained finality, as it was never challenged before the Supreme Court.
After hearing both sides, the High Court reserved its verdict. Khan has challenged the trial court’s January 29 order denying him bail in the UAPA case.
The accused in the case are facing charges under the UAPA and the Indian Penal Code (IPC), 1860, for allegedly being part of the larger conspiracy behind the communal riots that broke out in North-East Delhi in February 2020.
The accused in the case include Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, Devangana Kalita and Natasha Narwal.
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