
The Supreme Court on August 19 issued notice to the Delhi Police on a bail plea by Athar Khan, an accused in the 2020 Delhi riots conspiracy case. Khan is challenging the…
The Supreme Court on August 19 issued notice to the Delhi Police on a bail plea by Athar Khan, an accused in the 2020 Delhi riots conspiracy case. Khan is challenging the Delhi High Court's July 7 order that denied him bail.

Khan faces charges under the Unlawful Activities (Prevention) Act, IPC, Arms Act, and Prevention of Damage to Public Property Act. The High Court had cited chats from co-accused Ovais Sultan Khan and a protected witness to indicate his role as a key conspirator.
Khan has been in custody since July 2020. He seeks bail citing prolonged incarceration, trial delay, and parity with co-accused Shadab Ahmad, arguing no weapon was recovered from him and no CCTV footage shows his involvement. The Supreme Court will hear the matter next after the police file their response.
The Supreme Court's notice is a routine first step, not a signal of bail being likely. Under UAPA Section 43D(5), bail is nearly impossible unless the court finds the charges prima facie untrue, a high bar that the High Court ruled Khan failed to clear. The case is part of the larger conspiracy trial arising from the February 2020 North-East Delhi riots, which killed over 50 people and injured hundreds. Khan's prolonged detention of over four years without trial is unusual for non-UAPA cases but typical under the anti-terror law, where trials often take five to seven years. The court will weigh his parity argument against co-accused Shadab Ahmad's bail, if granted, and the strength of the digital evidence. The next hearing date depends on Delhi Police filing its counter affidavit.
Source: barandbench.com
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