Delhi Riots UAPA Case : Accused Athar Khan Moves Supreme Court Seeking Bail On Parity With Co-Accused Given Bail
The Supreme Court recently issued notice to the Delhi Police in a bail plea filed by co-accused Athar Khan in the 2020 North-East Delhi riots "larger conspiracy" case.
A bench comprising Justice Aravind Kumar and Justice Vipul M Pancholi issued notice in a special leave petition filed by Khan challenging the Delhi High Court's July 7 order denying him bail. He was also denied bail by the Trial Court.
Athar Khan has sought bail on grounds of parity with Shadab Ahmad, who was granted bail by the Supreme Court in January 2026.
Khan was arrested in FIR No. 59/2020 under Sections 13/16/17/18 of the Unlawful Activities (Prevention) Act, 1967; Sections 302/307/353/186/212/395/ 427/435/436/452/454/109/114/147/148/124A/153A/120B of the Indian Penal Code, 1860.
It may be noted that a bench comprising Justice Kumar and Justice PB Varale has referred to a larger bench the question of understanding the 3-judge bench judgment in Union of India v KA Najeeb(2021), which held that long incarceration can be a ground to grant bail in cases under the Unlawful Activities Prevention Act, regardless of the statutory rigours.
The reference was made while granting interim bail to co-accused Tasleem Ahmed and Khalid Saifi.
The reference came as a consequence to a judgment delivered by a two-judge bench(Justices BV Nagarathna and Ujjal Bhuyan) in Syed Ifthikar Andrabi, which criticised the judgments in Gulfisha Fatima and Gurwinder Singh (both authored by Justice Aravind Kumar), saying that they took a narrow view regarding bail in UAPA cases. The bench in Andrabi took the view that Gulfisha Fatima and Gurwinder Singh departed from the KA Najeeb verdict.
Case Detail: ATHAR KHAN v STATE OF NCT OF DELHI|Special Leave to Appeal (Crl.) No(s). 14920/2026
Appearances: For Petitioner(s) :Mr. Raju Ramachandran, Sr. Adv. Ms. Fauzia Shakil, Adv. Mr. Ahmad Ibrahim, Adv. Ms. Varisha Sharma, Adv. Ms. Shruti Narayan, Adv. Mr. Aryan Deol, Adv. Mr. M Huzaifa, Adv. Ms. Ayesha Zaidi, Adv. Ms. Nida Khan Salim, Adv. Mr. Ujjwal Singh, AOR For Respondent(s) :Mr. D.P Singh, ASG Ms. Shreya Dutt, Adv Ms. Garima Saxena, Adv Mr. Pranjal Singh, Adv Mr. Anmol Chandan, Adv Mr. Satitya Anand, Adv Mr. Kartikeya Asthana, Adv Dr. N. Visakamurthy, AOR 1