Court Orders Lodging Of FIR Against Kapil Mishra In 2020 Delhi Riots Case
A Delhi court said that the material submitted by the prosecution revealed that Kapil Mishra was present in the area in question and that "all the things were corroborating."
A Delhi court on Tuesday ordered an FIR against Delhi cabinet minister and BJP leader Kapil Mishra and others over his alleged involvement in the 2020 Delhi riots.
Additional chief judicial magistrate Vaibhav Chaurasia of the Rouse Avenue Courts found a prime facie cognisable offence, requiring a probe, LiveLaw reported.
"It is clear that Mishra was in the area at the time of alleged offence… further probe required," the judge said.
The Judge said that an FIR should be lodged against Mishra and added that further action against him was warranted. The court said that the material submitted by the prosecution revealed that the BJP leader was present in the area in question and that "all the things were corroborating."
The court also directed the Delhi Police to file a compliance report in the matter by April 16, the next date of hearing.
"Let the further investigation be initiated with respect to Mishra and his associates with respect to first incident (on February 23, 2020) only and cognisable offence has been disclosed by the complainant. Put up for the compliance of the order from DCP North-East on or before April 16, 2025," the order said.
The court directed the police to examine the complainant and then Delhi Police's DCP Ved Prakash Surya who was reportedly wandering at the site during the alleged incident, saying "If you don't stop the protest, then the consequence will happen here that you all will be killed."
"The order said once it was established prima facie, Surya was to be interrogated over the presence of Mishra, and what had transpired between them. He (Surya) is the best person to explain as what transpired on the day between him and Mishra coupled with ultimatum and warning by DCP Ved Prakash Surya subsequent thereof as alleged by the complainant and this requires serious investigation. This is being based by only relying upon the material supplied by the prosecution itself," the court said, according to PTI.
The judge was hearing arguments on a plea filed by a Yamuna Vihar resident Mohammad Ilyas, seeking registration of the FIR, which was opposed by Delhi Police, claiming Mishra had no role in the riots. The Delhi Police had maintained that Kapil Mishra was being framed in the matter and had no role to play in the Northeast Delhi riots.
The Aam Aadmi Party (AAP) has demanded Mishra's arrest following the development.
Addressing a press conference, Delhi AAP president Saurabh Bharadwaj said, "In the court, four videos were played in which the first video was of Mishra was seen standing with a Delhi Police DCP and in protection of other police personnel standing around him, he gave a hate speech."
"The allegation is that after his speech stone pelting and riots commenced from there. Mishra should resign and he should also be arrested," he demanded.
Violence broke out in northeast Delhi on February 24, 2020, following protests over the citizenship law, leaving 53 dead and several injured.
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