Delhi High Court Says WhatsApp Chats Prima Facie Show 'Conspiracy' In 2020 Delhi Riots, Reserves Athar Khan's Bail Plea

The Delhi High Court on Tuesday (May 26) reserved its verdict in the bail plea filed by Athar Khan, who has been booked in the 2020 North-East Delhi riots "larger conspiracy" case.

During the hearing, a division bench comprising Justice Prathiba M Singh and Justice Madhu Jain orally observed that Khan's WhatsApp chats prima facie prove conspiracy.

The remarks came in response to Khan's WhatsApp chats.

His counsel Arjun Dewan was reading Khan's messages on the WhatsApp group. "...My messages clearly indicate we don't want any road block...There's a chat deleted by me which being said to be of violence..."

At this juncture the Court inquired as to why the message was deleted. As Dewan responded he was not aware of the text of the message, Justice Singh orally said,

"To be honest, as third party people these messages actually prove the conspiracy. They prove that all these people were together. When you conspire like this, things can go out of hand and we all are witness to what happened in 2020. These messages prove you were an active participant. It's shocking."

Last week, the High Court had granted bail to co-accused Saleem Malik.

Athar Khan has sought bail on grounds of parity with Shadab Ahmad, who was granted bail by the Supreme Court.

ASG SV Raju appearing for the Delhi Police however submitted that Khan's role is different from Shadab. ASG Said,

"He wasn't a sidekick. His role can be compared to Umar Khalid and Sharjeel Imam. There was call to kill 100-200 people. His case stands on a different footing."

Dewan however contended that there were many meetings where Athar Khan was not present and that at best, he could be said to be a local level executioner with no decision making in the conspiracy.

"There is no recovery of any kind from me. Not of weapons, not of money or any articles. I was not found rioting. No evidence showing me in violence," Dewan submitted.

Dewan added that the role of Gulfisha Fatima, who was granted bail by the Supreme Court, was much graver. "She actively mobilised people," he submitted.

Special Public Prosecutor Madhukar Pandey however submitted that the Supreme Court judgment in Gulshifa Fathima was not qua Athar Khan as he was not a party there.

Pandey added that a coordinate bench judgment against Khan had attained finality as it was not challenged before the Supreme Court.

After hearing both the sides, the Court reserved its verdict.

Khan has challenged the trial court order passed on January 29 denying them bail in the UAPA case.

The accused in the case are facing charges under the Unlawful Activities Prevention Act and the Indian Penal Code for allegedly formulating the "larger conspiracy" behind the communal riots which took place in the national capital in the last week of February 2020.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, Devangana Kalita and Natasha Narwal.

Case title: Athar Khan v State