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New Delhi: A Delhi court on Thursday refused to grant bail to three accused in the larger conspiracy case related to the 2020 Delhi riots, Salim Malik, Athar Khan and former AAP councillor Tahir Hussain.
Additional Sessions Judge Sameer Bajpai dismissed the bail applications after hearing arguments from both sides, holding that the accused were not entitled to relief at this stage.
The three accused had approached the court after the Supreme Court earlier this month granted bail to five other individuals booked in the same conspiracy case. They argued that they were facing similar charges and should therefore be given the benefit of parity.
The court, however, did not accept this contention and declined to extend bail.
All three accused are facing charges under the Unlawful Activities (Prevention) Act (UAPA) for their alleged role in the February 2020 riots in northeast Delhi.
Athar Khan, a former call centre employee, has been accused of being one of the key organisers of the protest at Chand Bagh and of allegedly making inflammatory speeches at the site.
According to the Delhi Police’s Special Cell, Athar took part in secret meetings during which he allegedly said that the "time has come to burn Delhi" and played a role in coordinating the damage to CCTV cameras.
Salim Malik is also named among the alleged organisers and speakers of meetings held in connection with protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
Police have listed 11 alleged organisers and speakers in the case, including Mohammed Saleem Khan, Salim Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Tabassum, Mohammed Ayaz and his brother Khalid.
On January 5, the Supreme Court granted bail to five accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad. However, it denied bail to activists Umar Khalid and Sharjeel Imam, observing that all accused do not stand on the same footing.
The top court said there was a prima facie case against Khalid and Imam under the UAPA.
Of the 20 accused named in the case, two are still absconding. Among the remaining 18 who have sought bail at different stages, seven continue to remain in jail, including Khalid, Imam, Athar Khan, Salim Malik, Tahir Hussain, Tasleem Ahmed and Khalid Saifi.