A sessions judge in Rouse Avenue Court Wednesday stayed a magistrate court order directing further investigation against Delhi Law and Justice Minister and BJP leader Kapil Mishra over his alleged involvement in the 2020 Northeast Delhi riots.
The Delhi Police Special Cell had argued before the court that the magistrate court that ordered further investigation (and orally stated that this meant an FIR) against Mishra over his alleged role in the 2020 riots in the northeastern part of the city lacked the jurisdiction to do so.
“Kindly have the impugned order. Even this honourable court could not have passed this order. Let alone the ACJM (Additional Chief Judicial Magistrate) Court,” said Special Public Prosecutor Amit Prasad, appearing before Special Judge Kaveri Baweja.
“Mr Mehmood Pracha (advocate of the complainant who had sought an FIR against Mishra before the magistrate court) was part of the propaganda team (during the Delhi Riots),” Prasad argued.
“The complainant had indulged in bombarding of complaints. We were asked to file our status report regarding the give incidents in the complaint,” he added.
While passing his order directing further investigation into Mishra’s alleged role during the riots, ACJM Vaibhav Chaurasia of Rouse Avenue Court stated that action was called for only in one of the five incidents mentioned in the complaint lodged by Mohammed Ilyas.
Yamuna Vihar resident Ilyas had alleged in his complaint that he saw Mishra and others blocking a road in Northeast Delhi’s Kardam puri and destroying vendors’ carts. He had also claimed that the then deputy commissioner of police (DCP), Northeast Delhi, was standing next to Mishra along with other police personnel and warning the protestors to vacate the area or face consequences.
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“All I want to see is whether this allegation against Mishra mentioned in the complaint has been investigated by you or not,” said Special Judge Baweja.
“His role has been investigated, and he had no role in the orchestration of the riots,” replied Prasad.
“Incident number 1 doesn’t disclose any offence at all. The person who is the aggrieved must have lodged the complaint. No person in that area called the police during the day and time (mentioned in the complaint) regarding the destruction of vehicles,” the SPP submitted.
In 2020, communal violence rocked Northeast Delhi between February 24 and 26, leaving 53 people dead, over 500 injured, and property worth crores of rupees damaged.
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