New Delhi, The Supreme Court on Friday adjourned for four weeks the hearing on a bail plea filed by Athar Khan in a case under the anti-terror law UA concerning the “larger conspiracy” behind the February 2020 riots in northeast Delhi.
The top court allowed Khan rejoinder to the reply filed by Delhi police. The apex court had earlier issued a notice to Delhi Police on an appeal filed by Khan challenging a Delhi High Court judgment dated July 7 refusing bail to him.
Athar allegedly participated in secret meetings, in which he said the “time has come to burn Delhi” and coordinated the destruction of CCTV cameras, according to the Delhi Police Special Cell.
The high court said that since Athar’s prima facie role in causing deaths and destruction of private and public property was established, his case did not pass the strict test for bail under Section 43D of the Unlawful Activities Act , 1967.
The high court had dismissed Athar’s appeal challenging a trial court’s January 29 order that denied him relief in the case, stating that he was but “one of the main conspirators who conspired to cause deaths during the riots” and not a “mere local-level operator”. Athar’s lawyer had 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 high court bench had 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.
