The Delhi High Court on Tuesday refused to grant bail to Athar Khan in a case under the anti-terror law concerning the larger conspiracy behind the February 2020 riots in the city's north-eastern parts. A bench comprising Justices Prathiba M Singh and Madhu Jain dismissed Athar's appeal challenging the trial court's January 29 order that denied him relief, stating that he was one of the main conspirators who conspired to cause deaths during the riots and not a mere local-level operator.
Court Distinguishes Athar's Role from Co-Accused
Athar's counsel sought bail on the grounds that he was a local-level facilitator who had been in custody for six years, and that similarly placed co-accused had been granted bail by the Supreme Court. The bench considered the Supreme Court's findings on the bail pleas by the co-accused and held that Athar's role was clearly distinguishable from those given relief by the apex court.
The court observed that material, including a protected witness's statement, showed that while others on a WhatsApp group chat suggested non-violent protests, Athar persisted with his objective of engaging in violent protests, to the extent of even causing death. The court noted that the fact that deaths were caused during the riots cannot be a mere matter of coincidence. Despite his teammates repeatedly asking him not to engage in violence, the appellant refused to obey the same.
Strict Bail Test Under UAPA Not Satisfied
The court was of the opinion that since Athar's role in causing deaths and destruction of private and public property was prima facie established, his case did not pass the strict test for bail under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967. The court said that Athar was also a flight risk and was likely to adversely influence the witnesses whose evidence was yet to be recorded.
Thus, even if the normal conditions of bail are applied, in this case, the appellant, owing to his role and the protection that needs to be given to witnesses, is not entitled to bail. Accordingly, this court is not inclined to grant bail to the appellant. The impugned order is, therefore, upheld, and the present appeal stands dismissed, concluded the court.
Athar's Alleged Role in the Riots
Athar, a former call centre employee, is accused of being one of the main conspirators and organisers of the protest at Chand Bagh in northeast Delhi and allegedly delivering inflammatory speeches and instigating violence. According to the Delhi Police Special Cell, Athar allegedly participated in secret meetings, in which he said that the time has come to burn Delhi and coordinated the destruction of CCTV cameras.
Athar, arrested in July 2020, was booked under the UAPA for being one of the masterminds of the February 2020 riots that had left 53 people dead and more than 700 injured. The violence erupted during protests against the Citizenship (Amendment) Act, 2019, and the National Register of Citizens.
