A Delhi Court on Tuesday directed that further investigation be conducted against BJP leader and Delhi Minister Kapil Mishra over his alleged involvement in the 2020 northeast Delhi pogrom.
“This means FIR,” Live Law quoted Additional Chief Judicial Magistrate Vaibhav Chaurasia of the Rouse Avenue Courts as saying.
The Court was dealing with a complaint filed by one Mohd. Ilyas.
The plea was opposed by the Delhi Police saying that there was a well planned conspiracy to frame Mishra in relation to the pogrom. The Delhi Police had submitted that the BJP leader was being framed in the matter and had no role to play in the 2020 pogrom.
The complainant has sought registration of FIR against Mishra, then SHO of Dayalpur police station and five others, including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad.
Ilyas, in his complaint, alleged that on 23 February, 2020, he witnessed Mishra and his associates blocking a road and destroying Muslim street vendors’ carts. He further claimed that the then deputy commissioner of police (northeast) and other cops stood next to Mishra, warning protestors to vacate the area or face consequences.
The court said that further investigation against him was warranted in the case as cognizable offence was found against him regarding one of the incidents as referred in the complaint.
The material put forth by the prosecution revealed that Mishra was present in the area in question and that “all the things were corroborating,” says the Judge.
“This Court directs further investigation in the present case with respect to the first incident against proposed accused no. 2 and his associates only…,” the court said.
The Court said that Mishra had not framed his statement under “Pro-CAA or Anti CAA but rather DUSRI TARAF MUSLIM” with the distinction of us and them, wherein them is “DUSRI TARAF MUSLIM,” Live Law reported.
”This clearly establishes sides and required investigation to unearth the truth. Complainant’s complaint also find credibility wherein he is referring to associates of proposed accused no. 2, while as would appear on ground, while reading the interrogation it turn out to be 50 to 60 people (more than 5 person and known to proposed accused no. 2 as per his admission in interrogation). This clearly qualifies for cognizable offence and is a matter of investigation,” the coury said.
The judge further observed that Mishra’s presence cannot be ruled out as per his own admission. It added that a day before the riots commenced, Mishra was in North East District, which he himself admitted.
The court also directed that DCP Ved Prakash Surya be examined against whom the complainant alleged that he was wandering in streets by saying “if you did not stop this protest, then consequence will happen here that you will be killed.”
“His 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 court directed, according to Live Law.
