Delhi High Court Denies Bail to Athar Khan in 2020 Riots Case, Cites Role as 'Main Conspirator'

The Delhi High Court on Tuesday refused to grant bail to Athar Khan in a case related to the “larger conspiracy” behind the February 2020 riots in the national capital. The court observed that he was not a “mere local-level operator but one of the main conspirators who conspired to cause deaths during the riots”.

A bench of Justice Prathiba M. Singh and Justice Madhu Jain dismissed Khan’s appeal challenging the trial court’s January 29 order that denied him relief in the case. The court expressed concerns about flight risk and potential witness tampering, stating that releasing Khan on bail could allow him to threaten witnesses and disrupt the trial.

Khan, a former call centre employee, is accused of being one of the main organisers of the protest at Chand Bagh in northeast Delhi. According to the court, statements from a protected witness indicated that Khan “clearly encouraged, exhorted and led others to cause destruction through fire and to cause deaths through violence”.

The court noted that despite his associates repeatedly advising him against violence, Khan persisted with his objective of engaging in violent protests, to the extent of causing death. “The fact that deaths were caused during the said riots cannot be, therefore, a mere matter of co-incidence,” the bench added.

The court said his role, being prima facie established in causing deaths through violent acts as well as in the destruction of private and public property, does not satisfy the test under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) for being released on bail.

Khan was initially examined as a witness. During the investigation, his mobile phone was seized on May 1, 2020. He was subsequently arrested on July 2, 2020, and arrayed as an accused in the charge-sheet.