Court Orders FIR Registration Against BJP Leader Kapil Mishra in North-East Delhi Riots Case

In a significant development, a Delhi Court has directed a complainant to approach the concerned MP/MLA Court for registering an FIR against BJP leader Kapil Mishra in relation to a 2020 North-East Delhi riots incident. The order emphasizes the need for justice in the face of communal tensions and alleged police misconduct.

Judicial Magistrate’s Directions

Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Courts ordered complainant Mohd. Wasim to approach the appropriate MP/MLA Court for seeking action against Mishra. The Court’s direction was based on the fact that Mishra is a former MLA, a status subject to stricter scrutiny under the law.

Magistrate’s Observations on Police Conduct

The Magistrate observed that the Investigating Officer (IO) appeared more focused on police officials, either failing to probe Kapil Mishra adequately or attempting to cover up the allegations against him. The Action Taken Report (ATR) did not provide any information regarding Mishra’s involvement.

Incident Summary

Wasim claims he was part of a group forced to sing the national anthem and “Vande Mataram” by the police during the riots. The incident was documented in a viral video showing individuals being allegedly beaten and forced to chant slogans. This event is linked to the death of 23-year-old Faizan, who passed away after reportedly being tortured in custody.

Wasim’s Complaint and Allegations

Wasim alleged that during the riots on February 24, 2020, he identified Kapil Mishra leading an unlawful assembly and firing shots at protesters. He also reported being beaten by police officers who were allegedly supporting Mishra and his associates.

Wasim further alleged that he and other injured individuals were thrown into a vehicle and taken to GTB hospital. Later, he was taken to Jyoti Nagar police station, where he was kicked by the Station House Officer (SHO).

Delhi Police’s Response

The Delhi Police’s ATR stated that the allegations against the SHO and other officers were baseless and incorrect. The report asserted that no police personnel had beaten Wasim during his stay at the police station.

Contrary to this, Mishra was not addressed in the report. The Magistrate raised concerns about the focus of the ATR and suggested that the IO may have intentionally overlooked or obfuscated the allegations against Mishra.

Judicial Scrutiny of Kapil Mishra

The Court emphasized that individuals like Kapil Mishra, who hold prominent public positions, are expected to behave responsibly and uphold constitutional values. The Magistrate noted that inflammatory remarks can adversely impact communal harmony, undermining the principles of secularism enshrined in the Indian Constitution.

The judge also highlighted the importance of balancing freedom of expression with the duty to preserve religious harmony, as established under Section 153A of the Indian Penal Code (IPC).

Court Decision and Next Steps

While rejecting Wasim’s plea for registering the FIR, the Court directed the Delhi Police to file an FIR against the SHO for acts including deliberate and malicious acts intended to outrage religious feelings (Section 295A IPC), voluntarily causing hurt (Section 323 IPC), wrongful confinement (Section 342 IPC), and criminal intimidation (Section 506 IPC).

This decision is a vital step in ensuring accountability and justice for the victims of police misconduct and brings the alleged communal tensions to the fore, prompting calls for further investigations.

The Ongoing Inquiry

The transfer of the investigation into Faizan’s death to the Central Bureau of Investigation (CBI) underscores the gravity of the case and the need for a thorough probe. The ongoing inquiry will likely shed light on broader issues of police conduct and communal harmony.

As this case proceeds, it holds significant implications for government officials, police accountability, and the preservation of communal amity in India.