2020 Delhi Riots: Supreme Court Seeks Delhi Police Response On Athar Khan’s Bail Plea

The Bench of Justices Aravind Kumar and Vipul M Pancholi issued notice to the Delhi Police on August 19 on Khan’s appeal challenging the Delhi High Court’s July 7 judgment, which had denied him bail.

The case, Athar Khan v. State (NCT of Delhi), concerns the alleged larger conspiracy behind the North-East Delhi riots of February 2020.

Khan is facing prosecution under provisions of the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code (IPC), the Arms Act and the Prevention of Damage to Public Property Act.

According to the prosecution, Khan was involved in managing the Chand Bagh protest site and participated in the alleged conspiracy behind the violence.

Khan has been in custody since July 2020.

Background 

His bail plea was rejected by the trial court on January 29, following which he approached the Delhi High Court.

The High Court, while refusing bail, held that the material placed against Khan, including chats allegedly recovered from co-accused Ovais Sultan Khan and the statement of a protected witness identified as “Pluto”, prima facie indicated his role as a key conspirator.

The High Court also held that Khan had failed to satisfy the stringent requirements for bail under Section 43D(5) of the UAPA, as well as the ordinary principles governing grant of bail.

Before the Supreme Court, Khan has challenged the High Court’s assessment and sought bail primarily on the grounds of prolonged incarceration and delay in the trial.

He has also relied on parity with co-accused Shadab Ahmad.

Khan has disputed the prosecution evidence relied upon against him and argued that no weapon was recovered from his possession. He has further pointed out that there is no CCTV footage showing him participating in the violence.

The Supreme Court has now sought the Delhi Police’s response to Khan’s challenge to the High Court order.