Tuesday, July 8, 2025

Delhi Court stays order for further investigation into BJP Minister Kapil Mishra’s role in 2020 Delhi pogrom

A Delhi Court on Wednesday stayed an earlier order passed by a lower court, which had directed the Delhi Police to conduct further investigation into BJP leader and Delhi Minister Kapil Mishra’s alleged involvement in the 2020 North-East Delhi pogrom.

Special Judge Kaveri Baweja, at Rouse Avenue Courts, issued a notice on the revision petition filed by the Delhi Police, challenging the April 1 order of the Additional Chief Judicial Magistrate (ACJM), LiveLaw reported.

In its petition, the Delhi Police contended that the ACJM had erred in ordering further investigation into the matter despite knowing that a larger conspiracy into the riots was already being probed by a special court handling the UAPA (Unlawful Activities Prevention Act) case.

“The operation of the impugned order shall remain stayed until the next date of hearing,” the Court stated, setting the next hearing for April 21, 2025. The Court also called for the records from the ACJM’s court to be requisitioned for review.

The Delhi Police argued that the ACJM had overstepped her jurisdiction in ordering further investigation, as the matter was already under investigation in connection with the UAPA case. The police claimed that Kapil Mishra was being unfairly framed and had no involvement in the riots.

In the contested order, the ACJM had directed further investigation, citing evidence suggesting that Mishra was present at the site of one of the incidents mentioned in the complaint filed by Mohd. Ilyas. The judge noted that Mishra himself had acknowledged his presence in the area during the violence, reinforcing the complainant’s allegations.

Mishra’s defense team, led by Senior Advocate Pramod Kumar Dubey, along with other prominent lawyers, argued that the BJP leader was being wrongfully implicated.

The State was represented by Senior Public Prosecutor (SPP) Amit Prasad.

The complaint against Mishra was filed by Mohd. Ilyas, who alleged that on February 23, 2020, Mishra and his associates blocked a road and destroyed street vendors’ carts. Ilyas further claimed that Mishra’s actions were supported by the then-Deputy Commissioner of Police (Northeast) and other officers, who allegedly warned protestors to vacate the area or face consequences.

The Delhi Police, however, had opposed the registration of an FIR, arguing that Mishra was being framed as part of a larger conspiracy related to the riots. The complaint also named several other individuals, including BJP MLA Mohan Singh Bisht, and former BJP MLAs Jagdish Pradhan and Satpal Sansad.

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