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Delhi court sets aside order to file FIR against BJP leader Kapil Mishra in 2020 riots case
A Delhi court on Monday set aside a lower court's order that had directed the police to file a first information report against Bharatiya Janata Party leader and Delhi minister Kapil Mishra for his alleged involvement in the violence that broke out in the city in February 2020, Bar and Bench reported.
Special Judge Dig Vinay Singh of the Rouse Avenue Courts quashed the April 1 order passed by Additional Chief Metropolitan Magistrate Vaibhav Chaurasiya.
Chaurasia had held that there was enough material to warrant further investigation into whether Mishra had committed a cognisable offence.
Cognisable offences under Indian law are serious crimes that threaten public safety or order. The police can register a case and make arrests for such crimes without court approval. The crimes Mishra is accused of are cognisable offences.
The court said that the evidence put forward by the prosecution pointed to the fact that Mishra was present in the area in question and that “all the things were corroborating”.
The court passed the order on a plea filed by 57-year-old Mohammad Ilyas.
Ilyas previously told Scroll that he had approached the police three times asking for a case to be registered against Mishra, but was told that they would register his complaint only against unspecified “rioters”.
In March, the Delhi Police opposed the plea before the court, alleging a conspiracy to frame Mishra in the riots.
Ilyas was among the handful of citizens who approached the courts after police refused to register their complaints and file an FIR against Mishra for his alleged involvement in the riots that engulfed North East Delhi in February 2020. Fifty-three people died in the violence. The majority of them were Muslims.
Both Mishra and the Delhi Police later challenged the April 1 order before the sessions court.
On April 9, the court stayed the directive for further investigation, Bar and Bench reported.
On Monday, it set aside the order entirely.
Communal riots erupted in North East Delhi on February 23, 2020 – the result of clashes between the supporters of the Citizenship Amendment Act and those opposing it.
The Delhi Police alleged that the violence was part of a conspiracy involving students, activists and local politicians to defame the Narendra Modi-led government.
However, a fact-finding committee constituted by the Delhi Minorities Commission said that the riots were sparked by inflammatory remarks by Mishra.
Scroll reviewed six applications filed before magistrate courts in 2020 asking for first information reports to be registered against Mishra. All the complainants alleged that Mishra played a direct and active role in inciting violence against Muslim communities during the riots.
The complainants state that Mishra was present at locations where violence occurred. They allege that he was accompanied by groups of armed men and made hate-filled speeches in various parts of North East Delhi on February 23 and 24.
His speeches, they allege, included slogans such as “desh ke gaddaro ko, goli maro saalo ko” (shoot the traitors), “mullo ke do sthan, kabristan ya Pakistan” (Muslims only belong in two places: the cemetery and Pakistan) and “katwe murdabad” (down with Muslims – “katwe” being a derogatory term for Muslims in Hindi). Mishra is also alleged to have declared that “mullas” (another derogatory term for Muslims) and protestors need to be taught a lesson.
Also read: The futile, five-year struggle to lodge an FIR against Kapil Mishra
Source: Scroll
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