In a major development in the Anti Hindu Delhi riots 2020, a Delhi court on Wednesday stayed the trial court order directing the Delhi Police to conduct further probe against BJP leader and Delhi Minister Kapil Mishra for his alleged involvement in the riots.
Additional Sessions Judge (ASJ) Kaveri Baweja of the Rouse Avenue Courts passed an order today stating that the magistrate court’s order will remain halted till the next date of hearing which is slated for 21st April.
ASJ Baweja said, “Let notice of the revision petition be issued to the respondents returnable on 21.04.2025. The record of the court of Ld. ACJM be also requisitioned for the next date fixed. In the meantime, the operation of the impugned order shall remain stayed till the next date of hearing.”
According to the submissions, the ACJM encroached upon the jurisdiction of the special court handling the matter by directing further investigation, despite being aware of the pending UAPA case alleging a larger conspiracy in the riots.
The court passed the order after Delhi Police had filed a revision petition against the trial court’s order of April 1.
In its submission, the Delhi Police argued that the impugned order was liable to be set aside stating that the ACJM erred in directing further investigation into the matter though the complainant had prayed for registration of the FIR under Section 156(3) of Cr.P.C.
In its 1st April order, ACJM Vaibhav Chaurasiya of the Rouse Avenue Courts said that a cognizable offence was found against Mishra, and therefore, further investigation must be conducted. It had passed the order on a plea filed by Yamuna Vihar resident Mohammad Ilyas.
The petitioner Ilyas sought the registration of an FIR against Kapil Mishra alleging that he took part in the riots, as well as against the then Station House Officer (SHO) of Dayalpur police station and five others including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad.
In its argument, the Delhi Police had noted that Mishra’s role had already been investigated and that nothing incriminating was found against him. It had also submitted that the BJP leader was being framed in the matter adding that he had no role to play in the 2020 riots.
