The Delhi High Court on Tuesday reserved its verdict on the bail plea of Athar Khan, an accused in the larger conspiracy case tied to the 2020 North-East Delhi riots, after orally observing that WhatsApp chats placed on record prima facie indicated his active involvement in the alleged plot. Khan is being tried under the Unlawful Activities (Prevention) Act (UAPA).

Court's Oral Observations

A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain made the remarks while hearing arguments on Khan's challenge to a trial court order that had denied him bail. The bench stated: 'To be honest, as third-party people these messages actually prove the conspiracy. They prove that all these people were together. When you conspire like this, things can go out of hand and we all are witness to what happened in 2020. These messages prove you were an active participant. It's shocking.'

Arguments by the Defence

Khan's counsel Arjun Dewan contended that the WhatsApp chats demonstrated the accused group's intent to organise non-violent protests, not incite violence. 'My messages clearly indicate we don't want any road block,' Dewan submitted. He further argued that no weapons, money, or incriminating material were recovered from Khan, and that his client was, at best, a 'local-level facilitator' with no decision-making authority in the alleged conspiracy. Dewan also noted that Khan was absent from several key meetings.

Notably, the defence sought parity with co-accused Shadab Ahmad, who was granted bail by the Supreme Court earlier this year, arguing that the allegations against Khan were comparable in nature. Dewan also pointed out that Gulfisha Fatima — whose alleged role was described as 'much graver' since she had reportedly mobilised people actively — had also been enlarged on bail by the apex court.

Prosecution's Stand

Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, firmly opposed the plea, arguing that Khan's role could not be equated with those who had already received bail. 'He wasn't a sidekick. His role can be compared with Umar Khalid and Sharjeel Imam. There was a call to kill 100-200 people. His case stands on a different footing,' ASG Raju submitted. The prosecution maintained that Khan fell within the category of accused alleged to have played a serious role in the conspiracy and was therefore not entitled to bail under the parameters laid down in the Gulfisha Fatima judgment.

Recent Bail Developments in the Case

Last week, the Delhi High Court granted bail to co-accused Saleem Malik, characterising him as a 'local-level facilitator' rather than a key conspirator. Earlier this year, the Supreme Court dismissed bail pleas of Umar Khalid and Sharjeel Imam, holding that prosecution material disclosed prima facie grounds attracting the statutory embargo under Section 43D(5) of the UAPA. However, the apex court granted bail to five other accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed.

Background

According to the Delhi Police, several student activists who had organised protests against the Citizenship Amendment Act (CAA) during 2019–2020 allegedly conspired to engineer the riots that erupted in North-East Delhi in February 2020. The violence left dozens dead and hundreds injured, and remains one of the most significant communal incidents in the capital in recent decades. The Delhi High Court is expected to pronounce its verdict on Khan's bail plea in due course.