A Delhi court is set to hear the bail application of Athar Khan, an accused in the 2020 Delhi riots conspiracy case, who has sought relief on grounds of parity following the Supreme Court’s recent decision to grant bail to five other co-accused in the same case.
Athar Khan, a former call centre employee, has been accused of playing a key role in the anti-CAA/NRC protest at Chand Bagh in northeast Delhi. The Delhi Police’s Special Cell alleges that Khan was among the main organisers and speakers at the protest site and had delivered inflammatory speeches. He is also accused of participating in secret meetings where, according to police claims, he made provocative statements such as “the time has come to burn Delhi,” and of orchestrating the destruction of CCTV cameras.
The bail plea, filed before Additional Sessions Judge Sameer Bajpai, argues that Khan faces charges identical to those against some of the individuals recently granted bail by the Supreme Court and therefore deserves the same relief. The matter has been listed for hearing on January 19.
Khan is among 11 individuals accused of organising the Chand Bagh protest. Others named by the police include Mohammed Saleem Khan, Salim Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Tabassum, Mohammed Ayaz, and his brother Khalid.
In addition to the larger conspiracy case, Athar Khan is also named in a separate FIR that accuses him of being part of a mob that killed Head Constable Ratan Lal during the February 2020 riots. His name has also appeared in a case related to the looting of a showroom.
Earlier, on January 6, Salim Malik, another accused facing similar charges, had also filed a bail application on the ground of parity.
The Supreme Court, in its order dated January 5, granted bail to five accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad — all of whom were charged under various provisions including the Unlawful Activities (Prevention) Act (UAPA). However, the top court declined to extend bail to former JNU students Umar Khalid and Sharjeel Imam, stating that they were not similarly placed and that there existed a prima facie case under the UAPA against them.
Out of the 20 individuals charged in the larger conspiracy case, two remain absconding. Of the 18 who have applied for bail, seven are still incarcerated. Apart from Khan and Malik, others still in jail include former Aam Aadmi Party councillor Tahir Hussain, Tasleem Ahmed, Khalid Saifi, and the two denied bail by the Supreme Court — Khalid and Imam. Tahir Hussain’s bail application remains pending before the Karkardooma Court.
The case stems from the communal violence that broke out in northeast Delhi in February 2020, which claimed over 50 lives and left hundreds injured. The Delhi Police allege that the riots were the result of a premeditated conspiracy to disrupt law and order in the national capital during the visit of the then U.S. President.
