Delhi Riots: Court Orders Further Investigation Against BJP Leader Kapil Mishra, Says Cognizable Offence Found

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 North-East Delhi riots.

Additional Chief Judicial Magistrate Vaibhav Chaurasia of the Rouse Avenue Courts orally said, "this means FIR".

The judge 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 Court said that the material put forth by the prosecution revealed that Mishra was present in the area in question and that “all the things were corroborating.”

“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 judge noted that Kapil Mishra himself acknowledged in the interrogation that he was available in the area in question and that people had gathered around him and he further knew them. Therefore his presence cannot be ruled out further fortifying the allegations of the complainant, it added.

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.”

”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 Court said.

Furthermore, the Court 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 judge also directed that one 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.

It ordered that if the information is found out to be false, then Delhi Police will be at liberty to proceed against the complainant under Section 182 of IPC.

“While queries were made from the Prosecution Branch, with respect to territorial jurisdiction of Kardampuri Road, it was mooted that it falls within the jurisdiction of P.S. Jyoti Nagar. However, since it is not exactly known and it has been statutorily provided that Higher Officials of the Delhi Police have all the powers that their sub-ordinates have therefore, D.C.P. North-East is directed to sent the copy of order for further investigation to appropriate Police Station falling within its jurisdiction. Failure to do so will bound the D.C.P. concerned as per law on the date of compliance,” the Court said.

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 riots.

The Delhi Police had submitted that the BJP leader was being framed in the matter and had no role to play in the 2020 riots.

The prosecution had referred to chats of various WhatsApp groups, including Delhi Protest Support Group (DPSG) and said that the alleged conspirators were trying to portray a narrative on social media against Mishra and were running a campaign using #ArrestKapilMishra.

The police also submitted that Mishra's alleged role in the commission of the riots has been investigated and nothing incriminating has been found.

In October last year, the Delhi Police had submitted that the riots were the result of a conspiracy hatched to incite and cause violence in Muslim majority areas close to Mosques or Mazars and main roads so as to escalate “Protests” to “Chakkajaam” once critical mass is generated and at appropriate time.

It was also submitted that WhatsApp messages were being circulated to spread a rumour that the mob led by Kapil Mishra had started violence at that time.

The complainant Mohd. Ilyas 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 February 23, 2020, he witnessed Mishra and his associates blocking a road and destroying 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.