Delhi Riots: Court Dismisses Plea For Registration Of FIR Against BJP Leader Kapil Mishra

A Delhi Court today refused to direct registration of an FIR against BJP leader and Delhi Minister Kapil Mishra over his alleged involvement in the 2020 North-East Delhi riots.

Additional Chief Judicial Magistrate Ashwani Panwar passed the order in a case filed by one Mohd. Ilyas.

The judge dismissed Ilyas' application for registration of FIR.

“Keeping in view of the above findings, prayer for registration of FIR against BJP MLA Kapil Mishra and others, on the basis of application u/S. 175(3) of the BNSS is hereby rejected,” the Court said.

”The present application is hereby treated as complaint and the complainant is at liberty to lead evidence in support of his allegations under Section 210(1)(a) read with Section 223(1) of the BNSS,” it added.

The matter is now listed on March 27 for examination of complainant.

Last year, the Delhi Police had opposed the plea saying that there is a well planned conspiracy to frame Mishra in relation to the riots.

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

Furthermore, the prosecution 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, 2024, 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 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.