The Delhi High Court took a significant step in the ongoing legal proceedings related to the 2020 riots in the capital, as it reviewed the bail plea of Athar Khan, who is accused of being part of a conspiracy linked to the violence. During Tuesday’s proceedings, a division bench comprising Justices Prathiba M Singh and Madhu Jain conveyed their concerns regarding the WhatsApp messages presented by Khan’s legal team, suggesting that these communications might substantiate claims of a conspiracy.
In a striking observation, the Justices remarked that the shared messages from a WhatsApp group appear to indicate coordinated efforts among the accused. The court stated, “These messages actually prove the conspiracy, that they were together… Sometimes when people conspire, things go out of hand, and that is what has happened. We all witnessed these riots. These messages prove you were an active participant. This is shocking. If you agree to conspiracy, then what relief?” This highlights the gravity with which the court is considering the evidence at hand.
Khan’s bail application was primarily based on the argument of parity with Shadab Ahmad, another defendant in the case who had previously been granted bail by the Supreme Court. Khan’s counsel argued that the WhatsApp chats indicated an intention to conduct protests in a non-violent manner. They further asserted that no incriminating evidence, such as weapons, had been recovered from Khan, positioning him as less culpable than others involved.
Countering this argument, Additional Solicitor General SV Raju, who represents the Delhi Police, emphasized a distinction between Khan’s alleged actions and those of Ahmad. Raju’s stance suggests that the nature of Khan’s involvement in the events leading up to the riots was more severe, thereby warranting a different legal response. This clash between the defense and prosecution underscores the complexities of the case, as both sides present their narratives on the events surrounding the communal violence that erupted in North East Delhi in February 2020.
The 2020 Delhi riots were characterized by severe communal clashes, resulting in significant loss of life and property. The violence erupted amid protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), which had polarized opinions across the country. The ongoing judicial scrutiny of the accused reflects the broader societal concerns about justice and accountability in the aftermath of such communal tensions. As the court reserves its judgment on Khan’s bail plea, the implications of this decision could resonate far beyond the individuals involved, potentially influencing public perception of justice in communal violence cases in India.
