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Bail Denied: Core conspirator in the 2020 North East Delhi riots conspiracy case

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In Athar Khan vs. State of NCT of Delhi, the Delhi High Court dismissed an appeal seeking regular bail for an accused in the 2020 North East Delhi riots conspiracy case (FIR No. 59/2020). A Division Bench comprising Justice Prathiba M. Singh and Justice Madhu Jain ruled that the appellant failed to satisfy the stringent “twin conditions” for bail under Section 43D(5) of the UAPA, as the accusations against him were found to be prima facie true. The Court distinguished the appellant’s role from co-accused who had been granted bail, identifying him as a “core conspirator” who actively exhorted others to cause widespread deaths and destruction to “shake up all of Delhi”.

  1. Background and Procedural History

The case arises from the February 2020 riots in East Delhi, which resulted in 53 deaths, over 100 injuries, and extensive property damage. The prosecution alleged a deep-rooted criminal conspiracy to orchestrate large-scale riots in protest against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). The appellant was arrested on July 2, 2020. After his initial bail application was rejected and upheld by a Co-ordinate Bench in September 2025, he filed a second application seeking parity with co-accused who were recently granted bail by the Supreme Court.

  1. Prosecution Allegations against the Appellant

The State alleged that the appellant was an active member of the Delhi Protest Support Group (DPSG) WhatsApp group and participated in clandestine meetings in Chand Bagh to coordinate attacks, mobilize violent outbreaks, and disable CCTVs. Key evidence included:

  • Witness Testimony: A protected witness, ‘Pluto’, deposed that the appellant explicitly stated, “until 100-200 people are killed, the issues will not be resolved” and that he intended to “shake up all of Delhi” (Puri delhi ko dahlana hai).
  • Incriminating Communications: WhatsApp chats showed the appellant persistently advocating for road blockades and violent steps, even when other group members urged for non-violence.
  1. The Appellant’s Defense and Parity Claims

The appellant argued for bail based on parity with co-accused like Gulfisha Fatima and Shadab Ahmad, who were granted bail by the Supreme Court. He contended that he was merely a “local-level facilitator” without decision-making power and highlighted his six-year incarceration as an undertrial. He also challenged the reliability of witness ‘Pluto,’ alleging contradictions in his statements.

  1. Court’s Analysis and Legal Reasoning
  • Distinction of Role: The Court rejected the parity argument, finding the appellant’s role was “core” and distinguishable from those granted bail. Unlike co-accused who were viewed as “site-level executors” or “conduits for information,” the evidence identified the appellant as an architect of escalation who outlined roadmaps for the final phase of violence.
  • UAPA Statutory Embargo: Under Section 43D(5) of the UAPA, bail must be denied if a court finds reasonable grounds to believe the accusations are prima facietrue. The Court found that the appellant’s persistence in seeking violence, even against his team’s advice, met this threshold.
  • Balancing Constitutional Rights: While acknowledging the principle from K.A. Najeeb regarding prolonged detention, the Court clarified that delay does not create an automatic entitlement to bail. It emphasized that the sovereignty and security of the nation prevail in cases of conflict with personal liberty during a war-like situation against the state.
  1. Final Conclusion

The Court concluded that the appellant posed a flight risk and was likely to influence witnesses whose evidence is yet to be recorded. Finding that the appellant was not entitled to bail due to his central role in the conspiracy, the Court upheld the Trial Court’s order and dismissed the appeal.

2026 DHC 5408

Athar Khan vs. State of NCT of Delhi (D.O.J. 07.07.2026)

2026 DHC 5408 click here to view full text of judgment

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NDPS Bail Granted: No legally admissible evidence other than a disclosure statement

July 10, 2026 No Comments

In Dawit HayelomBerhe vs. Narcotics Control Bureau, the Delhi High Court granted regular bail to an Ethiopian national accused of drug trafficking under the NDPS Act. Justice Girish Kathpalia observed that there was currently no legally admissible evidence against the applicant other than a disclosure statement and the recovery of USD 3,500/-. Relying on the principle of parity, the Court noted that two co-accused with similar roles had already been released on bail. Although bail was granted, the Court directed that due to the applicant’s expired visa, he must be handed over to the Foreign Regional Registration Office (FRRO) immediately upon the acceptance of his bail bond.

  • Case Background and Allegations: The applicant sought regular bail regarding Crime No. VIII/74/DZU/2022 involving offences under Sections 8, 21, 23, and 29 of the NDPS Act. The Narcotics Control Bureau (NCB) alleged that 4.98 kg of cocaine was seized from a co-accused, Dipali, who claimed in her confessional statement that she received the contraband from the applicant and another individual at a hotel in Mumbai.
  • Investigative Disclosures: Following their summons, the applicant and another accused allegedly disclosed that they were sent to India from Ethiopia with trolley bags containing cocaine. This information led to a further search and the recovery of 2.055 kg of cocaine from another co-accused, Kelemuwa, at a different hotel.
  • Arguments for the Applicant:
    • Counsel argued that the case against the applicant rested solely on an inadmissible disclosure statement and the recovery of USD 3,500/-, with no further evidence to justify detention.
    • The applicant sought parity, pointing out that two other co-accused with identical alleged roles had already been granted bail.
  • Position of the NCB: The Senior Standing Counsel for the NCB admitted that similar co-accused had been granted bail but argued that granting bail in such instances could hamper efforts to curb the drug menace in the country.
  • Court’s Findings: The Court determined that since there was no legally admissible evidence currently presented and parity was established, the applicant was entitled to relief. The judge explicitly noted the lack of substantial evidence beyond the disclosure statement.
  • Final Order and Conditions: The bail application was allowed, subject to the following:
    • A personal bond of Rs. 50,000/- with one surety of the same amount.
    • Because the applicant’s visa has expired, the Court directed the Jail Superintendent to hand him over to the FRRO once the bail bond is accepted.
    • A copy of the order was directed to be sent to the Jail Superintendent for communication to the accused.

2026 DHC 5460

Dawit HayelomBerhe vs. Narcotics Control Bureau (D.O.J. 08.07.2026)

2026 DHC 5460 click here to view full text of judgment

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Provident Fund: Time granted to deposit for revival of appeal

July 10, 2026 No Comments

In Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner, the Delhi High Court granted a petitioner the opportunity to revive its statutory appeal before the Central Government Industrial Tribunal (CGIT), which had previously been dismissed for non-compliance with a pre-deposit condition. Justice Mini Pushkarna allowed the petitioner four weeks to deposit 40% of the assessed amount (approximately ₹2.51 crores), noting that the petitioner expressed readiness to comply with the financial requirement originally set by the CGIT. The Court directed that the appeal would stand revived immediately upon the deposit being made.

1. Procedural History and Nature of the Petition

The petitioner, Mahagun India Pvt Limited, filed a writ petition seeking to quash an order dated April 29, 2026, passed by the Presiding Officer of the CGIT-cum-Labour Court, Delhi-1. This order had dismissed the petitioner’s statutory appeal (Appeal No. D-1/23/2024) because the petitioner had failed to comply with an earlier pre-deposit order dated December 1, 2025.

2. The Original Pre-Deposit Order

In the December 2025 order, the CGIT considered a request for a waiver of the pre-deposit. The Tribunal observed that since the appeal was at the initial stage and the beneficiaries were unidentifiable, a total waiver of the deposit was not justified. Consequently, the petitioner was directed to deposit 40% of the total assessed amount of ₹6,27,44,486/- via a Fixed Deposit Receipt (FDR) in favor of the “Registrar CGIT”.

3. Submissions of the Parties

  • Petitioner: Learned counsel submitted that the petitioner was now ready to deposit the required 40%, which calculated to approximately ₹2,50,97,794/-, and requested a period of time to fulfill this obligation.
  • Respondent: The Regional Provident Fund Commissioner expressed no objection to granting the petitioner time to make the deposit. However, the respondent’s counsel suggested that the amount should be deposited directly with the respondent instead of the Registrar CGIT.

4. Court’s Analysis and Directions

The Court noted that the original CGIT order specifically directed the deposit to be made with the Registrar CGIT. Accordingly, the Court issued the following directions:

  • Extension of Time: The petitioner is granted four weeks from the date of the judgment to deposit the sum of ₹2,50,97,794/-.
  • Revival of Appeal: Upon deposit of the aforementioned amount, the petitioner’s appeal before the CGIT shall stand revived.
  • Release of Funds: The respondent is granted the liberty to move an application before the CGIT for the release of the deposited amount, which the Presiding Officer will then consider in accordance with the law.

5. Final Decision

The High Court disposed of the writ petition and all pending applications with these directions on July 6, 2026.

2026 DHC 5447

Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner (D.O.J. 07.07.2026)

2026 DHC 5447 click here to view full text of judgment

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Labour Law: Payment of interest on pension grant – Liberty to make formal representations to respondent

July 10, 2026 No Comments

In Shobha Devi vs. Shailendra Kumar Singh (and several connected contempt petitions), the Delhi High Court disposed of a series of petitions regarding the payment of interest on pension grants for construction workers. Justice Mini Pushkarna noted that while the principal pension amounts had already been released to the petitioners following a 2023 judgment (Dulari Devi case), the respondent disputed the automatic entitlement to interest in every case. Rather than adjudicating the substantive right to interest within its contempt jurisdiction, the Court granted the petitioners liberty to make formal representations to the respondent, who was directed to pass a speaking order on the matter within six weeks.

1. Background and Context

The petitioners filed these contempt petitions alleging non-compliance with the directions issued in a 2023 judgment titled Dulari Devi Versus Delhi Building and Other Construction Workers Welfare Board & Anr. regarding the grant of pension.

2. Status of Payments

During the proceedings, the petitioners’ counsel informed the Court that the principal pension amounts had already been paid by the respondent. However, the current grievance was narrowed down specifically to the non-release of the interest component on those pension amounts.

3. The Respondent’s Objections

The respondent filed a reply disputing the payment of interest on several legal grounds:

  • Interpretation of Precedent: The respondent argued that the Dulari Devi judgment established a general legal principle regarding pension eligibility but did not mandate independent interest payments in every subsequent case.
  • Nature of Relief: It was contended that the original writ petitions did not contain express directions for interest, and therefore, compliance with the operative directions was completed upon the release of the principal benefits.
  • Jurisdictional Limits: The respondent asserted that contempt jurisdiction is limited to verifying deliberate disobedience and cannot be converted into execution proceedings for additional reliefs that were not specifically granted in the original order.

4. Court’s Directions and Disposal

In response to the respondent’s legal objections, the petitioners sought liberty to approach the respondent through administrative channels. Consequently, the Court issued the following directions:

  • Representation: The petitioners are permitted to make formal representations to the respondent regarding their claim for interest within four weeks.
  • Timebound Decision: Upon receiving these representations, the respondent must decide the matter expeditiously, preferably within six weeks, in accordance with the law.
  • Communication: The respondent is required to pass a speaking order and communicate the decision to the petitioners’ counsel via email.
  • Further Remedies: If the petitioners remain aggrieved by the respondent’s eventual order, the Court granted them the liberty to seek further legal remedies as available.

5. Final Conclusion

Finding that the substantive dispute over interest required a separate administrative or legal determination, the High Court disposed of the contempt petitions with the aforementioned directions to ensure an expedited resolution.

2026 DHC 5446

Shobha Devi vs. Shailendra Kumar Singh (D.O.J. 07.07.2026)

2026 DHC 5446 click here to view full text of judgment

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Refusal to Quash FIR: Forcible Abortion – Serious social offence.

July 10, 2026 No Comments

In Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr., the Delhi High Court refused to quash an FIR involving allegations of matrimonial cruelty and sexual misconduct despite a settlement between the parties. Justice Girish Kathpalia ruled that the inclusion of charges related to forcible abortion and violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act transformed the case from a private dispute into a serious social offence. The Court held that heinous crimes like female foeticide affect the interest of justice and society at large, and therefore cannot be quashed merely because the individuals involved have reached a compromise.

1. Nature of the Petition

The petitioners filed a petition under Section 482 of the CrPC seeking the quashing of FIR No. 378/2019 registered at Police Station Sarita Vihar. The request was based on the grounds that the de facto complainant (Respondent No. 2) had compromised her disputes with the petitioners.

2. Background and Charges

The FIR was initially registered for offences under Sections 323/509/34 of the IPC. However, several serious charges were subsequently added, including:

  • Section 313 IPC: Causing miscarriage without woman’s consent (forcible abortion).
  • Section 377 IPC: Unnatural offences.
  • Section 498A IPC: Matrimonial cruelty.
  • PNDT Act: Offences related to illegal sex determination.

3. Opposition by the State

The State strongly objected to the quashing of the FIR. The Additional Public Prosecutor (APP) pointed out that in her statement recorded under Section 164 of the CrPC, the complainant had levelled allegations of serious sexual misconduct and revealed that she was subjected to a forcible abortion and illegal sex selection procedures.

4. Petitioners’ Contentions

Counsel for the petitioners argued that the petition should be allowed because the complainant had agreed to the quash and the marriage between the complainant and Petitioner No. 1 had already been dissolved.

5. Court’s Findings and Reasoning

  • Social vs. Private Offences: The Court distinguished between “personal violations” between two individuals and “social offences”. It held that allegations of sex determination and female foeticide fall into the category of heinous social crimes.
  • Interest of Justice: The Court emphasized that when offences are of such a grave nature, the mere fact that the parties have settled does not warrant quashing the case. The interest of justice requires the prosecution to continue for crimes that impact society’s moral fabric.
  • Status of Investigation: The Court noted that a chargesheet regarding these serious allegations was soon to be filed.

6. Final Conclusion

Finding that the case was not a fit one for the exercise of its discretionary powers to quash an FIR, the Court dismissed the petition and the accompanying application.

2026 DHC 5427

Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr.(D.O.J. 07.07.2026)

2026 DHC 5427 click here to view full text of judgment

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