The Delhi High Court on Tuesday said WhatsApp messages linked to Athar Khan, accused in the 2020 North East Delhi riots conspiracy case, prima facie indicate a conspiracy, Live Law reported. The remark was made verbally by a division bench of Justices Prathiba M Singh and Madhu Jain as they reserved their judgment on Khan’s bail application.
Khan’s counsel had placed messages from a WhatsApp group on record and argued they showed plans for non violent protest; he also noted that no weapons were recovered from Khan. The bench said the messages “actually prove the conspiracy, that they were together”, adding that conspiracies can spiral out of control and that the chats suggested active participation. “This is shocking. If you agree to conspiracy, then what relief?” the court observed, according to Bar & Bench.
Khan has sought bail on parity grounds with Shadab Ahmad, another accused who was granted bail by the Supreme Court. Additional Solicitor General S V Raju, for the Delhi Police, countered that Khan’s alleged role differed from Ahmad’s.
The 2020 communal violence in North East Delhi, linked to protests over the Citizenship Amendment Act, left 53 people dead and hundreds injured. Police allege the violence was part of a wider conspiracy to defame the Narendra Modi government. Several accused face charges under the Unlawful Activities (Prevention) Act, the Prevention of Damage to Public Property Act, the Arms Act and various sections of the Indian Penal Code.