NEW DELHI: A Delhi court has directed the Deputy Commissioner of Police (DCP) to submit a comprehensive report in connection with an alleged Model Code of Conduct (MCC) violation by Delhi Law Minister Kapil Mishra during the 2020 Delhi Assembly elections.
The directive came from Additional Chief Judicial Magistrate (ACJM) Vaibhav Chaurasia of the Rouse Avenue Court, who has scheduled the matter for arguments on April 8.
The case stems from an accusation that Mishra made inflammatory remarks during the election period, prompting a complaint from the Election Commission. The court has also sought a status report from DCP North West regarding the retrieval of evidence from social media platform X, where the contentious post was allegedly shared by Mishra.
During the proceedings, the court was informed that Mishra’s appeal against the summoning order was dismissed by the sessions court on March 7. His legal team, led by Senior Advocate Pavan Narang, has since filed a quashing petition before the High Court, which is set for a hearing on May 19, 2025. However, no stay has been granted on the trial court’s proceedings.
The matter is currently at the stage of charge framing. The Rouse Avenue Court had previously dismissed Mishra’s revision petition, challenging the trial court’s decision to take cognizance of the charges against him. The trial court had earlier ruled that his statements made in January 2020, while the MCC was in force, warranted legal scrutiny under Section 125 of the Representation of People Act, 1951 (RP Act).
In its ruling, Special Judge Jitendra Singh emphasised that the Election Commission has a constitutional responsibility to prevent candidates from engaging in communal rhetoric during election campaigns. The court stated that Mishra had strategically used the word “Pakistan” in his statements, allegedly to stoke religious divisions for electoral gains.
“The reference to ‘Pakistan’ in the accused’s statement is a thinly veiled attempt to foster communal disharmony under the guise of political rhetoric. Such conduct not only undermines the electoral process but also poses a direct threat to democratic integrity,” the court remarked.
The court firmly rejected the argument that Section 125 of the RP Act was inapplicable since Mishra’s statement did not mention any religion, caste, or community. It ruled that the underlying implications of his remarks were enough to meet the legal threshold of promoting enmity among religious groups.
Murder charges against 8 in 2020 riots case
A Delhi court has framed murder charges against eight individuals for the brutal killing of auto driver Babbu during the communal violence in North-East Delhi’s Khajuri Khas area in February 2020. The court found sufficient evidence to prosecute them under various IPC sections, including rioting and murder. However, eleven others were discharged due to a lack of conclusive proof. Video evidence confirmed the communal nature of the attack, showing Babbu being chased and assaulted during the clashes.