In a significant setback for Delhi Law Minister Kapil Mishra, a court on Tuesday ordered the registration of an FIR to investigate his alleged involvement in the 2020 riots in the national capital.
Additional Chief Judicial Magistrate Vaibhav Chaurasia found a “prima facie” cognisable offence, stating that Mishra’s presence at the site of the incident could not be ruled out and that the matter warranted an investigation against him and others.
“It is clear that Mishra was in the area at the time of the alleged offence… further probe required,” the judge remarked.
The court directed the Delhi Police to submit a “compliance report” by April 16, the next date of hearing.
“Let the further investigation be initiated with respect to Mishra and his associates regarding the first incident (on February 23, 2020) only, as a 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 stated.
The court instructed the police to examine the complainant and then Delhi Police’s DCP Ved Prakash Surya, who was reportedly present at the site during the alleged incident. The order cited a statement attributed to Surya: “If you don’t stop the protest, then the consequence will happen here that you all will be killed.”
The order stated that once a prima facie case was established, Surya was to be interrogated regarding Mishra’s presence and the nature of their interaction.
“He (Surya) is the best person to explain what transpired that day between him and Mishra, coupled with the ultimatum and warning given by DCP Ved Prakash Surya as alleged by the complainant. This requires serious investigation. This is based solely on the material provided by the prosecution itself,” the court observed.
The order further stated, “His (Surya’s) personal interrogation is necessary. The series of events suggests that if the complainant’s allegations are found to be true, then DCP Ved Prakash Surya may have knowledge of something that this judiciary does not.”
The judge examined the “theory propounded by the prosecution regarding the riots,” which had exonerated Mishra from being part of a larger conspiracy.
“If one goes through it in detail in the prosecution’s submission, one will fail to find what was the immediate cause of the rioting,” the judge said.
The court noted that such an “organic, not so façade, academic exercise” concerning the cause of the riots failed to establish an immediate trigger.
“If one picks up any history book, one always finds the immediate cause or the spark behind a revolt or riot. The court is compelled to observe that in 1857, it was the issue of cartridges greased with ‘cow and pig fat’,” the court remarked.
The judge also rejected the prosecution’s claim that Mishra had already been investigated under another FIR filed by the Delhi Police Crime Branch.
“Relying upon the prosecution’s submissions that an investigation has already been conducted, the interrogation (reportedly carried out by the police) compels this court to hold otherwise,” the judge stated.
The order added, “Though the prosecution argued that under the guise of secularism, communal agendas were pursued, it is surprising that none of the messages presented before the court contain a single anti-Hindu rhetoric, even in private conversations.”
Following the court’s directive, the Aam Aadmi Party demanded Mishra’s arrest.
Addressing a press conference, Delhi AAP president Saurabh Bharadwaj said that four videos were played in court, one of which showed Mishra “standing with a Delhi Police DCP, surrounded by other police personnel, as he delivered a hate speech. The allegation is that after his speech, stone pelting and riots commenced from that spot.”
Bharadwaj demanded that Mishra resign and be arrested.
Violence erupted in northeast Delhi on February 24, 2020, following protests over the citizenship law, resulting in 53 deaths and numerous injuries.
The court’s order came in response to a petition filed by Mohammad Ilyas, a resident of Yamuna Vihar, who sought the registration of an FIR. The Delhi Police opposed the plea, arguing that Mishra had no role in the riots.
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Apart from this case, another PIL seeking an FIR against BJP leader Mishra and other party members, including Anurag Thakur, Parvesh Verma, and Abhay Verma, for their alleged hate speeches before the 2020 riots, is currently pending before the Delhi High Court.
During arguments on the petition, the police informed the court that “a plan” was allegedly being “hatched to shift the blame on Mishra.”
Ilyas also sought an FIR against Mishra, the then SHO of Dayalpur, and five others, including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad.
(With inputs from PTI)
