Delhi Riots: Court Sets Aside Order Directing Further Investigation Against BJP Leader Kapil Mishra

A Delhi Court on Monday set aside a lower court order directing the Delhi Police to conduct further investigation against BJP leader and Delhi Minister Kapil Mishra over his alleged involvement in the 2020 North-East Delhi riots.

Special judge Dig Vinay Singh of Rouse Avenue Courts passed the order.

In April, the order was stayed by the Court. Notice was issued on the revision petition filed by the Delhi Police challenging the order which was passed by the ACJM on April 01.

The Delhi Police had submitted that the impugned order was liable to be set aside as the ACJM erred in directing further investigation into the matter though the complainant had prayed for registration of the FIR under Section 156(3) of Cr.P.C.

It was submitted that the ACJM, despite having knowledge regarding pendency of the UAPA case alleging larger conspiracy into the riots, encroached upon the jurisdiction of special court dealing with the matter by directing further investigation.

In the impugned order, the ACJM 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 judge had 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 complaint was filed by one Mohd. Ilyas. Before the ACJM, 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 complainant Mohd. Ilyas had 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.