Delhi riots: SC seeks police response on accused Athar Khan's bail plea

The Supreme Court sought the Delhi Police's response on a plea by Athar Khan, an accused in the 2020 Delhi riots, challenging the Delhi High Court's refusal to grant him bail. Khan has cited prolonged incarceration and parity with a co-accused.

The Supreme Court has sought the response of the Delhi Police on a plea by Athar Khan, an accused in the 2020 North-East Delhi riots conspiracy case, challenging the Delhi High Court's refusal to grant him bail. A bench of Justices Aravind Kumar and Vipul M Pancholi issued notice to the police on August 19 while hearing Khan's appeal against the High Court's July 7 order.

Case Background and Prior Rejections

According to the prosecution, Khan was involved in managing the protest site at Chand Bagh and played a role in the alleged conspiracy that preceded the violence. Khan's bail application was earlier rejected by the trial court on January 29, prompting him to move the Delhi High Court. The High Court had declined to release him on bail, holding that the material collected by the prosecution prima facie pointed towards his involvement as a key conspirator.

Grounds for Appeal in Supreme Court

Before the Supreme Court, Khan has relied on his prolonged incarceration and the delay in conclusion of the trial. He has also sought bail on the ground of parity with co-accused Shadab Ahmad. Khan has remained in custody since July 2020. Challenging the prosecution case, his plea also points out that no weapon was recovered from him and that there is no CCTV footage showing his participation in the violence. Khan is facing prosecution under provisions of the Unlawful Activities (Prevention) Act, the Indian Penal Code, the Arms Act and the Prevention of Damage to Public Property Act in connection with the alleged larger conspiracy behind the February 2020 riots.

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