The Delhi High Court on Tuesday denied bail to Athar Khan, an accused in the 2020 Northeast Delhi riots conspiracy case, stating that preliminary evidence links him to violence, fatalities, and the damage of public and private property.
A division bench of Justices Prathiba Singh and Madhu Jain ruled that Khan, who has been in custody since his arrest in July 2020, does not qualify for release even under standard bail conditions. The bench noted that Khan had not contested previous orders rejecting his bail and expressed concern that he might influence witnesses if freed. A detailed written order on the ruling has not yet been released.
Khan’s bail application sought parity with co-accused Mohd Saleem Khan, who was granted bail by the Supreme Court earlier this year. In January, a trial court had jointly rejected the bail pleas of Athar Khan and two other co-accused, Salim Malik and Tahir Hussain. While the Delhi High Court subsequently granted bail to Malik in May, it declined to extend the same relief to Athar Khan.
Supreme Court Precedent on Accused Roles
The legal arguments in the case heavily reference a January 5 Supreme Court ruling that granted bail to five individuals while denying it to activists Umar Khalid and Sharjeel Imam. In that decision, the apex court established a distinction under the Unlawful Activities (Prevention) Act (UAPA) between the architects of the conspiracy and its facilitators.
The Supreme Court placed Imam and Khalid in the primary architect category, rejecting their petitions. Meanwhile, five other individuals, including Mohd Saleem Khan and Shadab Ahmed, were classified as facilitators and granted bail. In their respective High Court appeals, both Malik and Athar Khan claimed parity with these released individuals, with Athar Khan specifically comparing his role to that of Mohd Saleem Khan.
Prosecution Allegations and Conspiracy Details
According to the prosecution, Athar Khan, Salim Malik, and Mohd Saleem Khan actively participated in the conspiracy by destroying or covering government-installed CCTV cameras to avoid detection during the unrest.
The police allege that the broader conspiracy involved the establishment of 23 round-the-clock protest sites in Muslim-majority neighborhoods, positioned close to mosques and major roads. Investigators claim that the 18 accused in the case intended to escalate these protests into a massive road blockade, or chakka jam, once they gathered sufficient momentum. The disruption was allegedly planned to coincide with the February 2020 visit of then-US President Donald Trump to the national capital.
