The Delhi High Court has reserved its order concerning the bail plea of Athar Khan, who is a key accused in the larger conspiracy associated with the Delhi Riots of 2020. The case, which is being pursued under the Unlawful Activities (Prevention) Act (UAPA), involves allegations of conspiracy as stated by the Delhi Police. Previously, Khan’s request for bail was denied by the court.

Arguments Presented in Court

A hearing took place on May 26, 2023, where the division bench comprising Justices Prathiba M Singh and Madhu Jain considered submissions from both sides. Athar Khan’s counsel, Advocate Arjun Diwan, argued that discrepancies existed in the testimonies of protected witness Pluto, who allegedly altered his statement just three days after initially providing it. In a reported statement, Pluto mentioned discussions regarding plans for riots and killings, implicating Khan’s presence at those conversations.

Additionally, Diwan pointed out the absence of concrete evidence establishing Khan’s active role in the alleged conspiracy. The counsel highlighted that there were no recorded meetings between Khan and Umar Khalid, nor was any incriminating material like weapons found in Khan’s possession. Diwan also referenced WhatsApp conversations where Khan appeared to be advocating for peaceful protests, suggesting that his involvement may not be as severe as alleged.

Furthermore, the counsel compared Athar Khan’s case to that of Gulfisha Fatima, who was granted bail by the Supreme Court despite facing serious charges. Diwan asserted that Fatima’s situation was more grave than that of Khan, thereby questioning the grounds for denying him bail.

Opposition to the Bail Plea

On the opposing side, Special Public Prosecutor (SPP) Madhukar Pandey presented arguments against the bail plea, asserting that Khan’s previous request for bail had been rejected in September 2022. Pandey noted that the court had found enough evidence to establish a prima facie case against Khan, which had not been contested in a higher court, solidifying its validity.

Pandey further argued that Khan could not assert parity with other accused individuals who were granted bail by the Supreme Court, as there was specific evidence against him. He emphasised that Pluto’s statement implicated Khan and that WhatsApp chats indicated a possible intent to commit violence during the riots, in which 53 casualties were reported.

The prosecution maintained that these elements must not be overlooked in considering the plea. Moreover, Athar Khan is implicated alongside other significant figures such as Umar Khalid, Sharjeel Imam, and several others who have been similarly charged in connection with the riots.

Proceedings Ahead

The trial court is currently engaged in arguments pertaining to the framing of charges against the accused. The Delhi Police has been directed to present rebuttal arguments, and the case continues to unfold as additional evidence and testimonies are brought before the court.

This ongoing legal process will determine the outcome not only for Athar Khan but for numerous individuals involved in the case. The implications surrounding the allegations and the applicable UAPA laws render this case significant in the context of law and societal affairs in India.

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