New Delhi

The Delhi High Court on Tuesday reserved its order on the bail plea of Athar Khan, an accused in the larger conspiracy case related to the 2020 Delhi riots registered under the Unlawful Activities (Prevention) Act (UAPA).

A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain reserved the verdict after hearing arguments from both the defence and the Delhi Police.

Advocate Arjun Diwan, appearing for Athar Khan, argued that there were significant contradictions in the statements made by a protected witness identified as “Pluto”.

According to the defence, the witness had altered his statement within three days. Pluto, who allegedly delivered biryani at the basement of Yaaz restaurant in Chandbagh, had claimed in his statement that several individuals were discussing plans related to riots and killings, and that Athar Khan was present during those discussions.

The defence counsel argued that there was no evidence to establish Athar Khan as an active participant in any conspiracy and asserted that he had no meetings with co-accused Umar Khalid.

Diwan further submitted that no weapons or incriminating materials had been recovered from Khan.

Referring to WhatsApp chats cited in the investigation, the defence argued that the conversations indicated discussions around peaceful protests rather than violence.

The counsel also cited the case of Gulfisha Fatima, who was granted bail by the Supreme Court, arguing that her alleged role was more serious compared to that attributed to Athar Khan.

Opposing the bail plea, Special Public Prosecutor Madhukar Pandey argued that Khan’s earlier bail application had already been rejected in September 2025, with the court finding a prima facie case against him.

Pandey submitted that the earlier order had attained finality because it was not challenged before a higher court.

The prosecutor also contended that Athar Khan could not claim parity with other accused persons who had secured bail from the Supreme Court because, according to the prosecution, there was specific evidence against him.

Pandey argued that the protected witness statement and WhatsApp chats indicated an intention to participate in violence during the riots, in which 53 people lost their lives.

Athar Khan is among several accused named in the larger conspiracy case, including Umar Khalid, Sharjeel Imam, Tahir Hussain, Natasha Narwal, Devangana Kalita, Safoora Zargar, Ishrat Jahan and others.

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Meanwhile, the trial court continues to hear arguments on the framing of charges, with Delhi Police expected to continue its rebuttal submissions in the matter.