A Delhi court on Tuesday directed the registration of a First Information Report (FIR) against Delhi Cabinet Minister Kapil Mishra and others as part of an investigation into Mishra’s purported involvement in the 2020 Delhi riots.
Additional Chief Judicial Magistrate Vaibhav Chaurasia concluded that there was a “prime facie” cognizable offense that necessitated further investigation. The judge noted, “It is evident that Mishra was present in the area during the time of the alleged offense… a deeper inquiry is warranted.”
This decision followed a petition filed by Mohammad Ilyas, a resident of Yamuna Vihar, seeking the FIR’s registration. The Delhi Police disputed this request, asserting that Mishra played no role in the riots.
Earlier in February, the court had instructed a complainant to approach the relevant MP/MLA Court to seek the filing of an FIR against BJP leader Kapil Mishra in relation to the north-east Delhi riots of 2020.
Judicial Magistrate First Class Udbhav Kumar Jain, in a decision dated January 18, had expressed concern that the Investigating Officer appeared more focused on police personnel and either neglected to investigate Mishra, an accused, or attempted to shield him from allegations.
The had court observed that the Action Taken Report (ATR) failed to address the accusations against Mishra, referred to as accused number three. It noted, “The alleged accused number three is in the public eye and subject to greater scrutiny; such individuals influence public sentiment and thus, are expected to exhibit responsible behavior within the framework of the Constitution of India.”
In his complaint against Mohs Wasim, Ilyas claimed he witnessed Mishra participating in an unlawful assembly and issuing threats to the public on February 24, 2020. He further stated that he and a group of men were coerced by police officers during the riots to sing the national anthem and “Vande Mataram,” an incident that gained viral attention on social media. Tragically, one member of this group, a 23-year-old, lost his life amid the unrest.
Ilyas asserted that he had previously attempted to file an FIR regarding this incident in 2020, but no action had been taken. Consequently, he sought the court’s intervention to register the FIR. The police’s report presented to the court maintained that the allegations against the officers involved were unfounded and inaccurate.