(Photo on X@iprashantrajora)
New Delhi: On Monday, May 26, a Delhi court questioned the police’s “lackadaisical” investigation against BJP Minister Kapil Mishra regarding his alleged communal social media posts in 2020 claiming that 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.”
The outrageous ‘India versus Pakistan contest’ remark led to an FIR against the BJP leader for allegedly promoting enmity between groups through social media posts under the Representation of the People Act, section 125. Slamming the police, ACJM Vaibhav Chaurasia of Rouse Avenue Court observed that despite making diligent endeavours by the Court since March last year to collect evidence via Mishra’s Twitter handle, they were in vain.
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The court highlighted the “inadequate” explanation on the part of the investigating agency, noting that no one was present on behalf of the probe agency to follow up on the directives in order to carry out further inquiries.
Justice Chaurasia stated that the police’s explanation was inadequate and that the prosecution had adopted a casual approach with respect to the case.
“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 explained, Live Law quoted.
The Court also pointed out that a copy of the order should be sent to Worthy Joint Commissioner, Northern Range to do what is necessary, as his office was well-acquainted with the state of affairs on 20.03.2025.
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Delhi High Court had refused to stay the trial court proceedings against Mishra in the case in March this year, 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 hearing the case, the judge observed that the current Delhi law minister used the word ‘Pakistan’ to skillfully spew hatred, careless to communal polarization that may ensue in the election campaign. The Court also observed that the BJP leader’s comments were a brazen attempt to promote enmity on the grounds of religion.
The court had also rejected his argument that his remark did not refer to any caste, community, religion, race or language. However, the matter has been scheduled for July 7 for a further hearing.
