New Delhi [India], May 26 : The Delhi High Court on Tuesday reserved an order on the bail plea of Athar Khan in a larger conspiracy of the Delhi Riots 2020 case. He is an accused under UAPA in a larger conspiracy case lodged by the Delhi Police in 2020. His earlier bail plea was rejected by the court.
Division bench of justices Prathiba M Singh and Madhu Jain reserved order on the bail plea of Athar Khan after hearing the submissions by counsel for the accused and Delhi Police.
Advocate Arjun Diwan appeared for Athar Khan and argued that there was a major contradiction of protected witness Pluto, who changed his statment within three days.
Pluto, who delivered briyani in the basement of Yaaz in Chandbagh, in his statement, had stated that there were many people who were discussing the planning of riots and killings, and Athar Khan was also there.
It was also argued by the counsel that there was no evidence to show that he was an active participant in the conspiracy, and he had no meeting with Umar Khalid. There is no recovery of weapons or any other articles from him.
The counsel Arjun Diwan also argued that it is evident from the WhatsApp chats that he was talking about a peaceful protest only.
Athar's counsel also referred to the case of Gulfisha Fatima, who has been granted bail by the Supreme Court. The counsel said that her role was more serious than that of Athar Khan. She was granted bail by the Supreme Court.
On the other hand, Special Public Prosecutor (SPP) Madhukar Pandey opposed the bail plea by submitting that his earlier bail plea was rejected ik September 2025 and there is a finding that a prima facie case is made out against him. This order has attained finality as it was not challenged before the Higher Court.
SPP Pandey also submitted that Athar Khan cannot claim parity with other accsued persons who were granted bail by the Supreme Court, as there is evidence against him.
It was further argued that the Statment of Pluto is against him. WhatsApp chats show the intention to kill people in riots. In these riots, 53 people were killed. These facts cannot be lost sight of.
Athar Khan is an Accused alongwith Umar Khalid, Sharjeel Imam, Tahir Hussain, Abdul Khalid Saifi, Safi Ur Rehman, Meeran Haider, Faizan Khan, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Tasleem Khan, Safoora Zargar, Ishrat Jahan, Gulfisha Fatima, Saleem Khan, Saleem Malik Munna.
The trial court is hearing arguements on framing of charges and the Delhi police to advance its rebuttal arguements.