Delhi riots 2020: SC seeks response from Delhi Police on bail plea of Athar Khan in UAPA case

The Supreme Court has sought a response from the Delhi Police on a plea filed by Athar Khan seeking bail in a case under the anti-terror law UAPA concerning the “larger conspiracy” behind the February 2020 riots in the northeast Delhi.

A bench of Justices Aravind Kumar and Vipul M Pancholi issued notice to police on an appeal filed by Khan challenging the Delhi High Court’s July 7 judgment refusing bail to him. “Issue notice. List after eight weeks,” the bench said. The high court had dismissed Athar’s appeal challenging the trial court’s January 29 order that denied him relief in the case, stating that he was but “one of the main conspirators who conspired to cause deaths during the riots” and not a “mere local-level operator”.

Athar’s lawyer had sought bail on the grounds that he was a “local-level facilitator” who had been in custody for six years, and that similarly placed co-accused had been granted bail by the Supreme Court. The HC bench had considered the Supreme Court’s findings on the bail pleas by the co-accused and held that Athar’s role was “clearly distinguishable” from those given relief by the apex court.

It stated that the material, including a protected witness statement, showed that while others on a WhatsApp group chat suggested non-violent protests, Athar “persisted with his objective of engaging in violent protests, to the extent of even causing death”. The high court opined that since Athar’s prima facie role in causing deaths and destruction of private and public property was established, his case did not pass the strict test for bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA), 1967.

Athar, a former call centre employee, is accused of being one of the main conspirators and organisers of the protest at Chand Bagh in Delhi’s northeast and allegedly delivering inflammatory speeches there to instigate violence.

According to the Delhi Police Special Cell, Athar allegedly participated in secret meetings, in which he said the “time has come to burn Delhi” and coordinated the destruction of CCTV cameras.

Athar, arrested in July 2020, was booked under the UAPA for being one of the “masterminds” of the February 2020 riots that had left 53 people dead and more than 700 injured.

The violence erupted during protests against the Citizenship (Amendment) Act (CAA), 2019, and the National Register of Citizens (NRC).

Activists Sharjeel Imam, Khalid Saifi and Umar Khalid, among others, were also booked for their alleged involvement in the larger conspiracy case, which is being investigated by the Delhi Police’s Special Cell