Delhi riots: High Court rejects bail plea of UAPA accused Athar Khan

The Delhi High Court rejected the bail plea of Athar Khan, an accused under the Unlawful Activities (Prevention) Act in the 2020 Delhi riots larger conspiracy case. His lawyer argued for parity with a co-accused, but the court dismissed the plea.

The Delhi High Court on Tuesday rejected the bail plea of Athar Khan, an accused in the larger conspiracy case related to the 2020 Delhi riots.

Athar Khan is an accused under the Unlawful Activities (Prevention) Act (UAPA) in the case registered by the Delhi Police. His earlier bail plea had also been rejected.

A Division Bench of Justices Prathiba M. Singh and Madhu Jain dismissed his bail plea. The Bench had reserved its order on May 26. The detailed order is yet to be uploaded.

Defence Counsel's Arguments

Appearing for Athar Khan, Advocate Arjun Diwan argued that there was a major contradiction in the statements of a protected witness, identified as "Pluto", who allegedly changed his statement within three days.

The counsel submitted that Pluto, who used to deliver biryani to the basement of Ayaz in Chand Bagh, had stated that several people were discussing plans related to the riots and killings, and that Athar Khan was also present there.

Diwan further argued that there was no evidence to show that Athar Khan was an active participant in the alleged conspiracy and that he had no meetings with co-accused Umar Khalid. He also submitted that no weapons or other incriminating material had been recovered from Athar Khan.

The defence counsel further argued that WhatsApp chats relied upon by the prosecution only reflected discussions regarding peaceful protests. Referring to the Supreme Court's order granting bail to co-accused Gulfisha Fatima, the counsel argued that her alleged role was more serious than that of Athar Khan, yet she had been granted bail.

Prosecution Opposes Bail

Opposing the plea, Special Public Prosecutor (SPP) Madhukar Pandey submitted that Athar Khan's earlier bail plea had been rejected in September 2025, with the court recording a finding that a prima facie case was made out against him. He said the order had attained finality as it had not been challenged before a higher court.

The SPP also argued that Athar Khan could not claim parity with other accused who had been granted bail by the Supreme Court, as there was specific evidence against him. Pandey further submitted that the statement of the protected witness "Pluto" implicated Athar Khan and that the WhatsApp chats demonstrated an intention to commit violence during the riots. He also pointed out that 53 people were killed in the 2020 Delhi riots, and the gravity of the offence could not be overlooked.

Other Accused in the Case

Athar Khan is among the accused in the case along with Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Safiur Rehman, Meeran Haider, Faizan Khan, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Tasleem Khan, Safoora Zargar, Ishrat Jahan, Gulfisha Fatima, Saleem Khan and Saleem Malik, alias Munna. (ANI)

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