2020 Delhi riots: Court orders FIR against Delhi law minister Kapil Mishra

A Delhi court on Tuesday, 1 April ordered an FIR to be filed against BJP MLA and Delhi cabinet minister Kapil Mishra and others to investigate their alleged role in the 2020 Delhi riots.

Additional chief judicial magistrate Vaibhav Chaurasia found a "prima facie cognisable offence", requiring a probe. “It is clear that Mishra was in the area at the time of alleged offence… further probe required,” the judge said.

The judge was hearing arguments on a plea filed by Yamuna Vihar resident Mohammad Ilyas seeking registration of the FIR. Delhi Police opposed the plea, claiming Mishra had no role in the riots.

That statement, of course, will be contested by many, among them Jamia Millia Islamia alumni association president Shifa-ur-Rehman, who was arrested under the stringent Unlawful Activities (Prevention) Act (UAPA) in connection with the Delhi riots.

Questioning why no action had been taken against the likes of Mishra and others, Rehman pointed to the now notorious rallies in which Mishra led mobs chanting exhortations to shoot anti-CAA protestors. At one such rally, Mishra is heard leading the chants with "AMU (Aligarh Muslim University)/ Jamia/ JNU ke gaddaron ko (traitors of AMU, Jamia, Jawaharlal Nehru University)..." with his cohort responding "...goli maaro saalon ko (shoot the ba_tards)."

In an interview with journalist Ismat Araa as seen here, Mishra is initially seen denying that he mentioned AMU or Jamia or JNU by name, and that he said "desh ke gaddaron ko (traitors to the nation)" instead. On being shown video evidence to the contrary, Mishra attempts to slide out of the corner he finds himself in.

Incidentally, "desh ke gaddaron ko" was the variation used by Mishra's party colleague and Union minister Anurag Thakur, also during the Delhi riots.

Of course, Mishra has long been notorious, even by BJP standards, for his controversial statements — the 2020 Delhi riots were just part of a pattern, though it did earn him the kind of political 'fame' he was presumably seeking.

On 18 March this year, the Delhi High Court refused to stay trial court proceedings against Mishra for allegedly posting objectionable tweets during the 2020 assembly elections and violating the model code of conduct. The minister posted these alleged objectionable statements on 23 January 2020 from his X (then Twitter) handle, in connection with the Delhi assembly elections.

On 7 March, a lower court said Mishra’s 2020 statements appeared to be "a brazen attempt to promote enmity on the grounds of religion by way of indirectly referring to a country which unfortunately in common parlance is often used to denote the members of a particular religion", a.k.a. Pakistan.

"The word Pakistan is very skilfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes," the court said.

The court also said the implicit reference to a particular country in the alleged statement was an "unmistaken innuendo to persons of a particular religious community" and this could be "effortlessly understood even by a layman, let alone by a reasonable man."

Among others incarcerated on charges of inciting riots are Umar Khalid, who has now been in prison for over four-and-a-half years without trial.

The court directed Delhi Police to file a "compliance report" in the matter by 16 April, the next date of hearing, and to examine the complainant and then Delhi Police 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. The order also said, "His (Surya) 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 judge also rejected the prosecution's claim that the investigation in another FIR lodged by Delhi Police Crime Branch was done regarding Mishra.

"Relying upon the submissions of the prosecution that investigation have already been carried out, the interrogation (reportedly conducted by police) compels this court to hold otherwise," the judge said.

The Aam Aadmi Party 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.

Aside from today's case, another PIL seeking FIR against BJP's Mishra and other party leaders, including Anurag Thakur, Parvesh Verma and Abhay Verma, for their alleged hate speeches ahead of the 2020 riots is currently pending in Delhi High Court.

With PTI inputs