Delhi High Court refuses to stay trial against BJP's Kapil Mishra for communal remarks

The Delhi High Court on Tuesday refused to stay trial court proceedings against Bharatiya Janata Party (BJP) leader Kapil Mishra in connection with an electoral malpractice case filed against him on allegations that he made communal statements to seek votes during the Delhi assembly polls in 2020. .The controversial remarks are said to have been made on Mishra's social media account X (formerly Twitter). The remarks in focus included “Delhi mein chote chote Pakistan bane” ("Delhi will become mini-Pakistan") and “Shaheen Bagh mein Pak ki entry” ("Shaheen Bagh will serve as an entry for Pakistan").For making such statements, Mishra was charged under Section 125 of the Representation of People Act, 1951 (RP Act), for promoting enmity between classes to gain an advantage during the Delhi legislative assembly elections. He was summoned in this case by the Additional Chief Metropolitan Magistrate in June 2024. On March 7 this year, Special Judge Jitendra Singh of the Rouse Avenue Courts, Delhi refused to set aside the summons and dismissed Mishra's revision plea against the same.Mishra challenged this development before the High Court. .Justice Ravindra Dudeja of the High Court today asked the State to reply to Mishra's plea and posted the matter for hearing on another date. However, the High Court made it clear that the trial against Mishra can continue in the meantime. Interestingly, the Court also remarked that there is a possibility that Mishra could be discharged by the trial court at the stage of framing of charge. "There is no need to stay the trial. The continuation of the trial does not cause any prejudice. There is a possibility that you may be discharged at the stage of framing of charge. In the meantime, let the trial court continue with the proceedings," Justice Dudeja said. .There is no need to stay the trial. There is a possibility that you may be discharged at the stage of framing of charge.Delhi High Court.Senior Advocate Mahesh Jethmalani appeared for Mishra in the matter and contended that the trial court's decision to take cognisance (judicial notice) of the charges filed against the BJP leader was flawed. Jethmalani argued that the offence alleged to have been committed by Mishra was non-cognisable in nature. Therefore, the trial court could not have taken cognisance without an order of the Magistrate, he said. He added that Mishra's statements were not made with the intention of causing any disharmony or enmity. It was only meant to criticise protests that were taking place at the time against the Citizenship (Amendment) Act and to criticise anti-social and anti-national elements. .Jethmalani also urged the High Court to stay the trial court proceedings against Mishra for the time being. However, the High Court refused to do so. "Counsel (Jethmalani) for the petitioner (Mishra) has requested that the proceedings may be stayed since the matter is listed before the trial court tomorrow. This court does not feel necessity to stay the proceedings before the trial court and the trial court can proceed. It is made clear that while considering the case of framing of charge, trial court would consider the independent submissions made by the party," the High Court said. .Earlier, Special Judge Jitendra Singh had arrived at a prima facie opinion that Mishra's alleged remarks appeared to be a brazen attempt to promote enmity on the grounds of religion. The special judge was of the view that Mishra appeared to have skillfully used the word "Pakistan" to spew hatred and to garner votes. Judge Singh had added that, unfortunately, the word 'Pakistan' is often used to denote a particular religion. The special court had further condemned the trend of making communally charged speeches during elections to garner votes. The BJP leader then approached the High Court to quash the trial court proceedings pending against him. The matter will be heard next on May 19. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.