4 min readJul 7, 2026 08:30 PM IST
First published on: Jul 7, 2026 at 01:30 PM IST
The Delhi High Court on Tuesday refused to grant bail to Athar Khan, an accused in the 2020 northeast Delhi riots larger conspiracy case, noting that his role has been “prima facie established in causing deaths through violent acts as also in the destruction of private and public property”.
The court distinguished him as “one of the main conspirators” and not a mere facilitator, a hierarchy the Supreme Court had established while deciding bail pleas of accused under the stringent Unlawful Activities (Prevention) Act (UAPA).
The division bench of Justices Prathiba Singh and Madhu Jain, taking into consideration that Athar had not challenged the earlier bail rejection orders, and also the statements of witnesses, ruled that if released on bail, Athar is “likely to pose a flight risk” and is “also likely to adversely influence the witnesses whose evidence is yet to be recorded”.
The HC, in its 31-page order, recorded: “The role of Athar Khan, which has in fact been more than prima facie established from the chats recovered…would indicate that while others were suggesting that he resort only to non-violent protests, he persisted with his objective of engaging in violent protests, to the extent of even causing death. The fact that deaths were caused during the said riots cannot be, therefore, a mere matter of coincidence.”
“The statement of the protected witness,…where (Athar) is stated to have clearly encouraged, exhorted and led others to cause destruction through fire and to cause deaths through violence is an extremely serious material. Releasing (Athar) on bail at this stage would in effect mean that he could also threaten witnesses and could cause disruption in the trial as well. Despite his team mates repeatedly asking him not to engage in violence, (Athar) refused to obey the same. (Athar), therefore, cannot be held to be a mere local-level operator but one of the main conspirators who conspired to cause deaths during the riots. Thus, the case of the Appellant is clearly distinguishable from the other co-accused persons,” the court held while rejecting his argument of parity.
“Thus, even if the normal conditions of bail are applied, in this case, (Athar), owing to his role and the protection that needs to be given to witnesses, is not entitled to bail,” the bench reasoned.
In the larger conspiracy case, 18 accused are facing charges of pre-planned conspiracy to allegedly spark riots in northeast Delhi between February 23 and 25, 2020. The accused have been charged under provisions of the Indian Penal Code (IPC), Prevention of Damage to Public Property (PDPP) Act, Arms Act, and the UAPA in the FIR. The chargesheet in the case was filed in September 2020, along with four supplementary chargesheets, the last being filed in June 2023. Of the 18 accused, as on date, four remain in jail: activists Umar Khalid and Sharjeel Imam, former AAP councillor Tahir Hussain, and Athar.
The bench relied on statements of protected witnesses, and Whatsapp messages, and the Supreme Court’s verdict in January where it had granted bail to five accused, and rejected the bail pleas of Umar and Sharjeel while also establishing a hierarchy between “architects” and “facilitators” under the UAPA charges while granting bail.
The trial court in January, had rejected Athar’s bail plea, along with two co-accused in the larger conspiracy case — Tahir and Salim Malik. In May, Malik was granted bail by the same bench of the Delhi HC.
According to the prosecution, Athar, along with co-accused Saleem Khan and Salim Malik alias Munna, had destroyed or covered government-installed CCTV cameras so that they could allegedly operate fearlessly.
Athar, in his bail plea before the HC, had claimed parity with the co-accused in the case, who have been granted bail by the Supreme Court in January. This is the second time the HC is rejecting his bail, after rejecting his first bail plea in September 2025, along with that of other co-accused in the case.
Athar was arrested in July 2020.
On February 24, 2020, a communal riot had erupted on a service road near Chand Bagh on Wazirabad Road in Delhi. (Source: Express Archives) 
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