NEW DELHI: Delhi law minister Kapil Mishra on Wednesday moves court court against an April 1 order that directed further investigation into his role in the 2020 northeast Delhi riots.
The trial court had observed that a cognizable offence had been made out against him and his associates, warranting an FIR.
The application had been filed by Mohammad Ilyas, a Yamuna Vihar resident, who sought registration of an FIR against Mishra, the then SHO of Dayalpur police station, and five others — including BJP Mustafabad MLA Mohan Singh Bisht and former MLAs Jagdish Pradhan and Satpal Sansad.
The court of additional chief judicial magistrate Vaibhav Chaurasia, while hearing the plea at Rouse Avenue Courts, clarified orally — on request of reporters — that the term “further investigation” in the order meant filing of an FIR.
In his 33-page order, ACJM Chaurasia noted Mishra’s acknowledgment of his presence in Kardampuri on February 23, 2020, which “fortifies” the allegations. He also highlighted that Mishra’s reference to the other side as “Dusri Taraf Muslim” in his statement indicated a divisive tone and warranted probe.
“This clearly establishes sides and requires investigation to unearth the truth,” the court said, adding that the involvement of 50-60 people known to Mishra, as per his own admission, qualifies as a cognizable offence.
The court also directed DCP North-East to examine then DCP Ved Prakash Surya, who allegedly warned protestors that if they did not stop, “then consequence will happen here that you will be killed.” The court remarked that Surya’s interrogation was “necessary” as he “knows something which this judiciary does not.”
Further, the judge stated that Mishra’s warning to the police to clear the road or he would protest was not a “request or assertion, but an ultimatum.” The order observed that while prosecution theories suggested various causes for the riots, they failed to pinpoint an “immediate cause,” whereas the escalation on February 24 followed the events of the previous day.
The court gave the DCP time till April 16 for compliance and warned that any delay in forwarding the order to the appropriate police station would make the officer liable under the law.
Apart from holding the law and justice portfolio, Mishra — the MLA from Karawal Nagar — also handles the labour and tourism departments in the Delhi government.