2020 Delhi riots case: Delhi HC denies bail to anti-CAA activist Athar Khan
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New Delhi: The Delhi High Court on Tuesday dismissed the bail plea of anti-Citizenship (Amendment) Act (CAA) activist Athar Khan, an accused in the 2020 North-East Delhi violence "larger conspiracy" case registered under the Unlawful Activities (Prevention) Act (UAPA).
A Division Bench comprising Justices Prathiba M. Singh and Madhu Jain upheld the trial court's January 29 order rejecting Khan's bail application. The High Court observed that Khan was likely to be a flight risk if released, particularly in view of statements made by protected witnesses.
While reserving its verdict in May, the Bench had orally observed that Khan's WhatsApp chats prima facie indicated his involvement in the alleged conspiracy.
Khan, who completed six years in judicial custody on July 2, 2026, had sought bail on the ground of parity with co-accused Shadab Ahmad, who was granted bail by the Supreme Court earlier this year. He had challenged the trial court's order refusing him bail in the UAPA case.
The Delhi Police opposed the plea, with Additional Solicitor General S.V. Raju and Special Public Prosecutor Madhukar Pandey appearing for the prosecution. Advocate Arjun Dewar represented Khan.
Following the High Court's decision, Khan's family said they would approach the Supreme Court seeking bail.
Athar Khan, a resident of Chand Bagh in North-East Delhi, was arrested by the Delhi Police on July 2, 2020, and has remained in custody ever since under the provisions of the UAPA.
Before his arrest, Khan had participated in anti-CAA protests at Chand Bagh and had also attended demonstrations at Jamia Millia Islamia following the police crackdown on students in December 2019.
According to his family, Khan had enrolled in a distance-learning Bachelor of Business Administration programme after his father's embroidery business shut down. He later worked at a telecom company to support his family following financial losses caused by demonetisation and the implementation of the Goods and Services Tax (GST).
The case relates to the alleged "larger conspiracy" behind the communal violence that erupted in North-East Delhi in February 2020 during protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens (NRC). The violence claimed 53 lives, most of them Muslims, and left more than 700 people injured.
The Delhi Police have accused several anti-CAA activists and protesters of orchestrating the violence and invoked the Unlawful Activities (Prevention) Act, provisions of the Indian Penal Code, which was in force at the time and has since been replaced by the Bharatiya Nyaya Sanhita, along with other applicable laws.
Those named in the case include Umar Khalid, Sharjeel Imam, Tahir Hussain, Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Khalid Saifi, Ishrat Jahan and others.
All the accused have denied the allegations. Meanwhile, several rights groups and legal observers have raised concerns over the prolonged incarceration of those booked under the UAPA and the slow pace of the trial, with charges yet to be framed against many of the accused nearly six years after their arrest.