Court pulls up Delhi Police over lax probe into Kapil Mishra’s 2020 poll remarks

The censure came after the investigating officer (IO) failed to appear before the court to provide an update on the probe’s progress

A Delhi court on Monday rapped the Delhi Police for its inadequate investigation into a case against Delhi law minister Kapil Mishra, who is accused of making communally charged remarks during the 2020 Delhi assembly elections. The court also directed the Delhi Police commissioner to take note of the state of affairs within the force.

Kapil Mishra. (RAJ K RAJ /HT PHOTO)

The censure came from additional chief judicial magistrate Vaibhav Chaurasia at Rouse Avenue courts after the investigating officer (IO) failed to appear before the court to provide an update on the probe’s progress.

The court was hearing a case registered against Mishra in January 2020 for allegedly violating the model code of conduct and provisions of the Representation of the People Act through inflammatory social media posts. On a previous hearing, the DCP northwest had informed the court that a request had been sent to social media platform X seeking data related to Mishra’s post, and that a response was awaited.

Expressing dissatisfaction, ACJM Chaurasia observed, “Before commenting on the lackadaisical conduct of the prosecution, this court is constrained to bring to the notice of the commissioner of Delhi Police the state of affairs and the inadequate explanation on the part of the investigating agency.”

The court also noted that despite repeated assurances from the prosecution of a thorough and efficient investigation, there had been little progress. “It is suggested that if any help from any other ministry is required, this court is of the opinion that the Delhi Police is well equipped to take recourse to the same,” the court added.

Stressing the need for timebound action, the court said: “It is also impressed upon the investigating agency to at least procure the essential material which must be part of the investigation within the time limit as has been directed by this court.” The court noted the case has been pending since March 20, 2024.

The magistrate attached two previous orders with Monday’s directive and instructed that the documents be forwarded to the commissioner of police and the joint commissioner of police (Northern Range) for their perusal.

Public prosecutor Lalit Pingolia appeared for the Delhi Police. The court listed the matter for further hearing on July 7 and directed the police to file a status report by then. Arguments on charge by Mishra’s legal team are also scheduled to continue on the next date.

Appearing for Mishra, senior advocate Pawan Narang argued that his client, then the BJP candidate from Model Town, had no intention of inciting communal disharmony and was merely pointing to what he perceived as biased political conduct. “At most, the only offence committed by Mishra is that of criminally defaming the AAP and Congress—who could have filed a civil suit or a criminal complaint for making any alleged false statements,” Narang submitted.

Reading out from Mishra’s post on X, he said, “Nowhere did he try to pit two communities against each other or incite violence… he was only commenting on the ideologies of AAP and Congress.”

Narang added, “I don’t belong to a party that promotes any one religion… as a national party’s election candidate, I had a right to highlight the ideological positions of other parties.” He further argued that Mishra’s comments could not be construed as promoting communal tension. “There are no witnesses claiming my statements caused unrest. I lost that election—I had nothing to gain.”

Mishra has also contended that the chargesheet lacks substantive material to support the prosecution’s claim of a violation under Section 125 of the Representation of the People Act, which deals with promoting enmity on religious grounds.

On March 7, a Delhi court dismissed Mishra’s revision petition challenging the cognisance of the chargesheet. Special Judge Jitendra Singh had ruled that Mishra’s statements “brazenly promoted religious enmity” by using “Pakistan” as a veiled reference to a particular community.

Mishra has since moved the Delhi High Court against the order. While the High Court allowed trial proceedings to continue, it clarified that its order would not affect Mishra’s challenge to the March 7 ruling. That petition remains pending.