Trial court directs Delhi Police to file report on Kapil Mishra’s inflammatory speeches during Delhi riots

New Delhi: It seems that the wheel of justice is slowly moving as a trial court has directed the Delhi Police to file a report on the alleged inflammatory, incendiary, and provocative speeches delivered by former Delhi minister and BJP leader Kapil Mishra and others which had allegedly triggered the worst communal riots in February 2020 in the North East Delhi claiming 54 lives mostly Muslims.  The court has passed the order on the plea filed by noted rights defender Harsh Mander seeking registration of FIR against Mishra.

The order passed by the Metropolitan Magistrate (Patiala House Courts, New Delhi) Himanshu Raman Singh on January 29 which stated that the court “deems it appropriate to call the report from the Deputy Commissioner of Police concerned”.

It is to be noted that the Delhi Police have so far avoided filing a case against Mishra and other BJP leaders.

In his application invoking section 125 of representation of people’s Act, Mander has sought registration of FIR against Mishra under section 153 of the Indian Penal code which does not require prior government’s sanction.

 Expressing satisfaction over the order, one of the counsels for the complainant (Mander), Sarim Naved told Muslim Mirror that its good beginning in the direction of justice with regards the February communal violence.

In the dark clouds of hopelessness while people are losing faith in the justice system, the court order may pave the way for filing the cases against those who incited and fomented the Delhi riots, he added.

The Delhi High Court had given Complainant Harsh Mander the liberty to approach the Magistrate regarding the issue of inflammatory and provocative speeches around the time of the 2020 Delhi riots, he recalled.

Accordingly, an application under Section 156(3) of the CrPC was filed against Kapil Misra regarding the provocative, incendiary and inflammatory speeches made by him.

It is to mention that a similar complaint made by CMP (I) leader and former MP, Ms Brinda Karat against Mishra, Union Minister Anurag Thakur, and MP Pravesh Verma was dismissed on account of want of prior sanction. The trial court had dismissed Karat’s application stating respondents are Members of Parliament, and prior government sanction was required under Section 196 CrPC.

However,  Sarim said, we only pressed Section 153 of the IPC (provocation for riot) and Section 125 of the Representation of People Act (causing ill will between communities for the purpose of an election), neither of which require prior sanction. Accordingly, the Magistrate has asked for a report from the DCP regarding the allegations made in the complaint under these two sections.

In this report the police will have to clarify their stand on whether they will themselves register an FIR under these two sections against Kapil Misra or not. If not, we will press the Court to order an FIR, he said.

 The court has fixed the next hearing on March 9 and Police have to file its action taken report on the matter.

It is to recall that during the last year’s anti-CAA-NRC-NPR protests, BJP leaders including Mishap made hate speeches. They targeted those who participated in the anti-CAA protests in Delhi, especially at Shaheen Bagh area. In election rallies, they egged on the crowd to raise an incendiary slogan “desh ke gadarron KO…. goli maaro s*****n KO or “shoot the traitors” in their verbal attack on the anti-CAA protesters.

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