The Supreme Court has sought the response of the Delhi Police to a plea seeking bail filed by Athar Khan, an accused in the larger conspiracy case arising out of the 2020 North-East Delhi riots.
A Bench comprising Justices Aravind Kumar and Vipul M Pancholi issued notice to the Delhi Police on August 19 while hearing Khan’s challenge to a Delhi High Court order that had declined him bail.
Khan has been facing prosecution under provisions of the Unlawful Activities (Prevention) Act, along with offences under the Indian Penal Code, the Arms Act and the Prevention of Damage to Public Property Act. The case pertains to allegations of a larger conspiracy behind the communal violence that engulfed parts of North-East Delhi in February 2020.
According to the prosecution, Khan was associated with the protest site at Chand Bagh and played a role in the alleged conspiracy underlying the violence.
His plea for bail was rejected by the trial court on January 29, following which he approached the Delhi High Court. However, the High Court, in its judgment delivered on July 7, refused to grant him relief.
The High Court had taken note of material relied upon by the prosecution, including chats allegedly recovered from co-accused Ovais Sultan Khan and the statement of a protected witness identified as “Pluto”. It had prima facie concluded that the material indicated Khan’s alleged involvement in the conspiracy and held that he had not crossed the statutory threshold prescribed for the grant of bail under Section 43D(5) of the UAPA.
Khan has now carried the matter to the Supreme Court, contending that his continued incarceration is unwarranted. He has invoked the principle of parity with co-accused Shadab Ahmad and also cited the prolonged duration of his custody and the delay in commencement and progress of the trial.
Khan, who has remained in custody since July 2020, has further disputed the evidentiary material relied upon against him. Among other submissions, he has contended that no weapon was recovered from his possession and that there was no CCTV footage showing his participation in the violence.
The Supreme Court’s issuance of notice does not amount to a determination on the merits of Khan’s bail claim. The matter will now proceed after the Delhi Police places its response before the Court.
Senior Advocate Raju Ramachandran, along with a team of advocates, appeared for Khan, while Additional Solicitor General D P Singh represented the Delhi Police.
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