A Supreme Court Bench of Justices Aravind Kumar and Vipul M. Pancholi on October 16, 2026 adjourned by four weeks the bail plea of Athar Khan, an accused in the UAPA case concerning the alleged larger conspiracy behind the February 2020 northeast Delhi riots

The Supreme Court on Friday adjourned by four weeks the hearing of a bail plea filed by Athar Khan, an accused in the case under the Unlawful Activities (Prevention) Act, 1967 (UAPA) concerning the alleged "larger conspiracy" behind the communal riots that broke out in northeast Delhi in February 2020.

The Bench of Justices Aravind Kumar and Vipul M. Pancholi deferred the matter after Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, informed the Court that a reply had been filed. Taking note of the counter-affidavit, the Court permitted Khan to file a rejoinder and directed that the matter be listed after four weeks.

When the matter was called, ASG Raju told the Bench that the Delhi Police had filed its reply to Khan's bail plea. The counter-affidavit had been filed only on the previous day.

The Bench took note of the counter-affidavit. 

The Court accordingly permitted Khan to file a rejoinder to the reply filed by the Delhi Police, and directed that the matter be listed after four weeks.

Khan is among those prosecuted in the case registered by the Delhi Police concerning the alleged larger conspiracy behind the February 2020 violence in northeast Delhi. The Supreme Court will take up Khan's bail plea once the rejoinder is filed and the matter is listed after four weeks.

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.

Notably, in August the Court had issued notice on Khan's plea. 

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.

Case Title: Athar Khan v. State of NCT of Delhi

Bench: Justices Aravind Kumar and Vipul M Pancholi

Hearing Date: October 16, 2026

Tags: