The Supreme Court has sought the response of the Delhi Police on a bail plea filed by Athar Khan, an accused in the larger conspiracy case arising from 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 the Delhi High Court’s decision refusing him bail.
Khan is facing prosecution under the Unlawful Activities (Prevention) Act (UAPA), along with charges under the Indian Penal Code, the Arms Act and the Prevention of Damage to Public Property Act. The case concerns allegations of a broader conspiracy behind the communal violence that broke out in parts of North-East Delhi in February 2020.
According to the prosecution, Khan was associated with the protest site at Chand Bagh and allegedly played a role in the conspiracy that culminated in the violence.
Khan’s bail application was rejected by the trial court on January 29. He subsequently approached the Delhi High Court, which declined to grant him bail in its judgment delivered on July 7.
While rejecting the plea, the High Court considered 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”. The High Court prima facie found that the material indicated Khan’s alleged involvement in the conspiracy and held that he had failed to satisfy the statutory threshold for bail under Section 43D(5) of the UAPA.
Before the Supreme Court, Khan has argued that his continued incarceration is unjustified. He has relied on the principle of parity with co-accused Shadab Ahmad and pointed to the prolonged period of his custody as well as the delay in the commencement and progress of the trial.
Khan, who has been in custody since July 2020, has also challenged the evidentiary material relied upon by the prosecution. He has submitted, among other grounds, that no weapon was recovered from his possession and that there is no CCTV footage showing his participation in the violence.
The Supreme Court’s decision to issue notice is not a finding on the merits of Khan’s bail plea. The matter will be considered further after the Delhi Police files its response before the Court.
Senior Advocate Raju Ramachandran appeared for Khan along with a team of advocates, while Additional Solicitor General D P Singh represented the Delhi Police.
