In a major setback to Delhi law minister Kapil Mishra, a court on Tuesday ordered an FIR to probe his alleged role in the 2020 riots in the national capital.
Additional chief judicial magistrate Vaibhav Chaurasia found a “prime facie” cognisable offence, saying Mishra’s presence at the place of the incident couldn’t be ruled out and the matter required a probe against him and others. “It is clear that Mishra was in the area at the time of alleged offence, further probe required,” the judge said.
The court directed Delhi Police to file a “compliance report” in the matter by April 16, the next date of hearing. “Let the further investigation be initiated with respect to Mishra and his associates with respect to first incident (on February 23, 2020) only and cognisable offence has been disclosed by the complainant. Put up for the compliance of the order from DCP North-East on or before April 16, 2025,” the order said.
The court directed the police to examine the complainant, and then Delhi Police’s DCP Ved Prakash Surya who was reportedly wandering at the site during the alleged incident, saying “If you don’t stop the protest, then the consequence will happen here that you all will be killed.” The order said once it was established prima facie, Surya was to be interrogated over the presence of Mishra, and what had transpired between them.
“He (Surya) is the best person to explain as what transpired on the day between him and Mishra coupled with ultimatum and warning by DCP Ved Prakash Surya subsequent thereof as alleged by the complainant and this requires serious investigation. This is being based by only relying upon the material supplied by the prosecution itself,” the court said.
The order went on, “His (Surya) personal interrogation is necessary. The series of events reveals that perhaps, if allegations of complainant are found to be true, then DCP Ved Prakash Surya knows something which this Judiciary does not.”
The judge went “through theory propounded by prosecution regarding the riots” where Mishra was exonerated for not being part of the larger conspiracy. “If one goes through it in detail in the prosecution submission, one will fail to find what was the immediate cause for rioting,” the judge said. The court observed, such asn “organic, not so facade, academic exercise” of the cause of riots failed to explain the immediate cause.
“If one picks up any history book, one always gets the immediate cause or what sparked off the revolt or riot. Court is compelled to observe that in 1857 it was the cause of cartridges greased with ‘cow and pig fat’,” the court said. The judge also did rejected the prosecution’s claim that the investigation in another FIR lodged by Delhi Police Crime Branch was done regarding Mishra.
Addressing a press conference, Delhi AAP president Saurabh Bharadwaj said in the court, four videos were played in which the first video was of Mishra was “seen standing with a Delhi Police DCP and in protection of other police personnel standing around him, he gave a hate speech.
The allegation is that after his speech stone pelting and riots commenced from there”.
Mishra should resign and he should also be arrested, he demanded. The AAP leader claimed that four videos were played in the court in which the first video featured Mishra “Mishra can be seen standing with a Delhi Police DCP and in protection of other police personnel standing around him as he gave a hate speech. The allegation is that after his speech stone pelting and riots started,” he said. Violence broke out in northeast Delhi on February 24, 2020, following protests over the citizenship law, leaving 53 dead and several injured.
