Delhi court dismisses plea seeking FIR against minister Kapil Mishra

A Delhi court dismissed a plea for an FIR against Minister Kapil Mishra over his alleged role in the 2020 riots, citing a lack of legal grounds.

NEW DELHI

The court scheduled the next hearing, for examination of the complainant and witnesses, for March 27. (Getty Images/iStockphoto)

A Delhi court on Friday dismissed a plea seeking a first information report (FIR) against Delhi minister Kapil Mishra and six others, over allegations that they played a role in blocking roads and threatening locals during the 2020 northeast Delhi riots.

Additional chief judicial magistrate (ACJM) Ashwani Panwar of Rouse Avenue courts passed the order, converting an application filed by one Mohd Iliyas into a complaint, necessitating him to provide evidence to support the allegations. The court scheduled the next hearing, for examination of the complainant and witnesses, for March 27.

In the order, ACJM Panwar noted that the complainant’s plea to direct an FIR against Mishra and others was “legally impermissible,” especially as a sessions court had pointed out that commission of an offence should be disclosed to initiate any legal action. The court observed that the session judge’s order was binding on it.

Special public prosecutor Amit Prasad argued that the Delhi Police probe previously uncovered a conspiracy to falsely implicate Mishra, whose alleged role was examined in the larger conspiracy case under the Unlawful Activities (Prevention) Act.

On November 10, 2025, a sessions court set aside a magistrate’s order, directing further police investigation against Mishra and others for their alleged involvement in the violence. The order noted that the magistrate had exceeded jurisdiction, and no prima facie case was made out against Mishra.

The magistrate court had stated that Mishra, through his own admissions during police interrogation, admitted that he was present in the area and reportedly admitted that he had given an ultimatum to deputy commissioner of police (DCP) VP Surya to clear the protest site. The court had directed the police to probe the case further and stated that a cognisable offence was disclosed, where Mishra and others were visible at the scene of the incident.

The session’s court, however, held that the magistrate had relied on analogies and inferences from Mishra’s questioning in the larger conspiracy case. The court subsequently sent back the matter to the magistrate’s court to dispose of the application in accordance with the law.

Iliyas filed the application in August 2024, through advocate Mehmood Pracha, alleging that Mishra and his associates blocked roads in Kardampuri and destroyed carts of street vendors during protests. He claimed that Mishra was blocking the road along with then DCP (northeast) Ved Prakash Surya.

The court on Friday held that the November 10 order, setting aside the magistrate’s order, attained finality and was not challenged in the Delhi High Court.