NEW DELHI, Apr 1 : In a major setback to Delhi law minister Kapil Mishra, a court on Tuesday ordered an FIR to probe his alleged role in the 2020 riots in the national capital.
Additional chief judicial magistrate Vaibhav Chaurasia found a “prime facie” cognisable offence, saying Mishra’s presence at the place of the incident couldn’t be ruled out and the matter required a probe against him and others.
“It is clear that Mishra was in the area at the time of alleged offence… further probe required,” the judge said.
The court directed Delhi Police to file a “compliance report” in the matter by April 16, the next date of hearing.
“Let the further investigation be initiated with respect to Mishra and his associates with respect to first incident (on February 23, 2020) only and cognisable offence has been disclosed by the complainant. Put up for the compliance of the order from DCP North-East on or before April 16, 2025,” the order said.
The court directed the police to examine the complainant, and then Delhi Police’s DCP Ved Prakash Surya who was reportedly wandering at the site during the alleged incident, saying “If you don’t stop the protest, then the consequence will happen here that you all will be killed.”
The order said once it was established prima facie, Surya was to be interrogated over the presence of Mishra, and what had transpired between them.
“He (Surya) is the best person to explain as what transpired on the day between him and Mishra coupled with ultimatum and warning by DCP Ved Prakash Surya subsequent thereof as alleged by the complainant and this requires serious investigation. This is being based by only relying upon the material supplied by the prosecution itself,” the court said.
The order went on, “His (Surya) personal interrogation is necessary. The series of events reveals that perhaps, if allegations of complainant are found to be true, then DCP Ved Prakash Surya knows something which this Judiciary does not.”
The judge went “through theory propounded by prosecution regarding the riots” where Mishra was exonerated for not being part of the larger conspiracy.
“If one goes through it in detail in the prosecution submission, one will fail to find what was the immediate cause for rioting,” the judge said.
The court observed, such asn “organic, not so facade, academic exercise” of the cause of riots failed to explain the immediate cause.
“If one picks up any history book, one always gets the immediate cause or what sparked off the revolt or riot. Court is compelled to observe that in 1857 it was the cause of cartridges greased with ‘cow and pig fat’,” the court said.
The judge also did rejected the prosecution’s claim that the investigation in another FIR lodged by Delhi Police Crime Branch was done regarding Mishra.
“Relying upon the submissions of the prosecution that investigation have already been carried out, the interrogation (reportedly conducted by police) compels this court to hold otherwise,” the judge said.
The order added, “Though the prosecution forwarded that under the garb of secular, the communal agendas were undertaken, it might surprise that none of the messages placed before me reveals single anti-hindu rhetoric even in their personal conversation.”
The Aam Aadmi Party demanded Mishra’s arrest following the development.
Addressing a press conference, Delhi AAP president Saurabh Bharadwaj said in the court, four videos were played in which the first video was of Mishra was “seen standing with a Delhi Police DCP and in protection of other police personnel standing around him, he gave a hate speech. The allegation is that after his speech stone pelting and riots commenced from there”.
Mishra should resign and he should also be arrested, he demanded.
Violence broke out in northeast Delhi on February 24, 2020, following protests over the citizenship law, leaving 53 dead and several injured.
The order came on an application filed by Yamuna Vihar resident Mohammad Ilyas who sought the registration of the FIR. Delhi Police opposed the plea and said Mishra had no role in the riots.
Aside from today’s case, another PIL seeking FIR against BJP’s Mishra and other party leaders, including Anurag Thakur, Parvesh Verma and Abhay Verma, for their alleged hate speeches ahead of the 2020 riots is currently pending in the Delhi High Court.
The police had informed the court during the arguments on the petition that “a plan” was being “hatched to shift the blame on Mishra”.
Ilyas sought the FIR against Mishra, then SHO of Dayalpur and five others, including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad. (PTI)
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