The Supreme Court has deferred proceedings for four weeks on a bail petition submitted by Athar Khan, an accused in the February 2020 northeast Delhi riots conspiracy case booked under the Unlawful Activities (Prevention) Act.
A bench comprising Justices Aravind Kumar and Vipul M. Pancholi postponed the hearing following confirmation from Additional Solicitor General S.V. Raju that authorities had submitted their formal response. The judges also granted Khan permission to submit a rejoinder countering the position presented by the Delhi Police.
The development follows an earlier notice issued by the Supreme Court to law enforcement authorities after Khan contested a July 7 ruling by the Delhi High Court that rejected his application for release.
High Court Rejection and Trial Court Findings
The July ruling by the Delhi High Court had upheld a January 29 trial court order denying relief to Khan. While Khan’s counsel contended that the petitioner was merely a local-level facilitator who had spent six years in custody, arguing that parity applied because other co-accused had received bail from the apex court, the High Court determined his involvement differed significantly from those granted relief.
Judges at the High Court categorized Khan as one of the central figures responsible for orchestrating violence and fatalities during the unrest, rejecting the characterization of his role as that of a low-level operator. Referring to evidentiary records, including statements from a protected witness, the bench observed that Khan continued to push for violent demonstrations capable of causing fatalities, even when other participants in a WhatsApp group advocated peaceful measures.
Consequently, the High Court determined that Khan failed to satisfy the stringent bail requirements outlined under Section 43D of the Unlawful Activities (Prevention) Act, citing prima facie material linking him to deaths and property destruction.
Allegations and Background of the Clashes
The Delhi Police Special Cell, which is investigating the broader conspiracy allegations, identified Khan as an organizer of demonstrations in northeast Delhi’s Chand Bagh area. Investigators allege the former call centre worker took part in clandestine gatherings, coordinated the dismantling of surveillance cameras, and delivered provocative speeches to spark clashes, allegedly asserting that the moment had arrived to set Delhi on fire.
Khan was taken into custody in July 2020 as an alleged mastermind behind the communal clashes, which resulted in 53 deaths and left more than 700 individuals injured. The violence broke out amid widespread agitation opposing the Citizenship Amendment Act and the proposed National Register of Citizens.
Several other prominent activists, including Umar Khalid, Sharjeel Imam, and Khalid Saifi, remain named alongside Khan in the conspiracy probe being handled by the Special Cell.
