A Delhi court on March 7 dismissed a plea by BJP minister Kapil Mishra challenging a trial court's order summoning him in a 2020 case related to hate speech and electoral malpractice. The case pertains to Mishra's tweets ahead of the Delhi Assembly elections in 2020, where he referred to the Muslim populated area of Shaheen Bagh as "mini-Pakistan" and remarked that the polls will be a contest between "India and Pakistan."
Alleging that the Aam Aadmi Party (AAP) and Congress have created a "mini Pakistan" in Shaheen Bagh, Mishra had written on Twitter, "Delhi mein chote chote Pakistan bane (Delhi will become mini-Pakistan)" and "Shaheen Bagh mein Pak ki entry (Shaheen Bagh will serve as entry for Pakistan)."
Mishra was subsequently booked under Section 125 of the Representation of People Act, 1951 (RP Act), for promoting enmity between classes to gain an advantage during the elections.
In June 2024, Mishra was summoned by the Additional Chief Metropolitan Magistrate.
Dismissing Mishra's petition, Special Judge Jitendra Singh of the Delhi Rouse Avenue Court remarked that his usage of the word Pakistan to refer to a Muslim populated area was "a brazen attempt to promote enmity on the grounds of religion."
"The word ‘Pakistan’ is very skilfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes,” the court noted, according to Bar and Bench.
The court also observed that there has been an increasing trend in India to resort to communally charged speeches to garner votes during elections.
"This is the outcome of politics of divisiveness and politics of exclusion which is a threat to the democratic and plural fabric of the country. Divide and rule policy of the colonialists are sadly still in practice in India,” the court said.
Mishra's counsel argued that a comment regarding a country would not constitute an offence under Section 125 of the RP Act.
However, the court rejected the submission slamming it as "preposterous and outrightly untenable."
"...the implicit reference underlying the particular ‘country’ in the alleged statement is an unmistaken innuendo to persons of a particular ‘religious community’, apparent to generate enmity amongst religious communities. This can be effortlessly understood even by a layman, let alone by a reasonable man,” the court said.
The court further rejected Mishra's submission that since the offence under Section 125, RP Act is punishable with imprisonment only up to three years, the trial court was wrong to treat it as a cognisable offence.
Stating that it is in complete agreement with the trial court decision, the court stated that the complaint filed by the Returning Officer, the Election Commission’s notification, and other documents were sufficient to take cognizance of the offense punishable under Section 125 of the RP Act.
"The Election Commission is under a constitutional obligation to prevent candidates from indulging in vitriolic vituperation with impunity, vitiating and contaminating the atmosphere for free and fair elections,” the court further said.
In January 2020, Kapil Mishra was banned by the Election Commission from campaigning for 48 hours, after he compared the Delhi Assembly elections to an "India vs Pakistan" contest.
Kapil Mishra is also widely accused of instigating the 2020 Delhi violence which killed at least 53 people, mostly Muslims, along with targetted attacks against mosques, shops, homes and other properties.
Addressing a crowd of supporters at Maujpur in North East Delhi, hours before the violence erupted on February 23, 2020, Mishra gave an ultimatum to the Delhi police to clear the streets of protestors demonstrating against the discriminatory Citizenship Amendment Act.
With Deputy Commissioner of Police Ved Prakash Surya beside him, Mishra warned that if the police failed to clear the streets, his supporters would take matters into their own hands.
Despite overwhelming evidence, Delhi police reportedly refused to register a case against Mishra for his alleged role in the violence and multiple pleas against him are pending in various Delhi courts.