Institute of Legal and Management Studies

A Delhi Court yesterday rapped the Delhi Police for inadequate investigation against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.

ACJM Vaibhav Chaurasia of Rouse Avenue Courts observed that diligent endeavor was made by the Court since March last year for collection of evidence qua Mishra's twitter handle, “but in vain.”

The judge noted that on April 08, the report of Worthy DCP had assured that efforts were being made to obtain report from Twitter, now X Corp.

“No one is present on behalf of the Investigating Agency to follow up the directions of further investigation and before any stringent remarks could be made upon the casual attitude of the Investigating Agency qua the directions of this Court, this Court is constrained to bring it to the notice of Worthy Commissioner of Police, Delhi Police with respect to the state of affairs and non-adequate explanation on the part of the Investigating Agency,” the Court said.

It added that if the aid of any other Ministry is required, the Delhi Police is enough equipped and will not be shy to take resort to.

“Out of the ten dates afore-mentioned, this Court is appending only order-sheets of 20.03.2025 and 08.04.2025 and the order-sheet dated 04.03.2024, wherein the directions for the further investigation were laid down by my Ld. Predecessor, for the kind perusal of Worthy Commissioner of Police, Delhi Police and Worthy Joint Commissioner, Northern Range, for that will suffice,” the judge said.

Noting that the case was pending since March last year, the judge said in the case the Delhi Police fails to investigate or there is any impediment, same be reported to the Court.

“Copy of this order be sent to Worthy Joint Commissioner, Northern Range to do the needful as already his Worthy office was well-acquanited with the state of affairs on 20.03.2025,” the Court said.

The matter will now be heard on July 07.

In March, the Delhi High Court had refused to stay the trial court proceedings against Mishra in the case. This was after the BJP leader filed a petition challenging an order passed by the special judge dismissing his revision plea against a magisterial order summoning him in the matter.

While dismissing Mishra's revision plea, the special judge observed that the word 'Pakistan' was very skillfully weaved by him in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes.

The FIR was registered against Mishra after a letter was received from the office of Returning Officer alleging that he violated the Model Code of Conduct and Representation of People Act. It was alleged that Mishra made the tweets with the object to promote enmity between classes in connection with Delhi Legislative Assembly Elections, 2020.

In June last year, a magisterial court passed the summoning order against Mishra which was upheld by the special judge.

The special judge had rejected Mishra's argument that his statement nowhere referred to any caste, community, religion, race and language but had referred to a country which was not prohibited under Section 125 of RP Act.

The trial court had added that Mishra's statements were 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.