New Delhi: A Delhi court has ordered the registration of an FIR against Delhi’s Law and Justice Minister Kapil Mishra, a BJP MLA from Karawal Nagar, for further investigation into his alleged role in the 2020 Northeast Delhi riots.
The order, issued by Additional Chief Judicial Magistrate Vaibhav Chaurasia, found a “prima facie” cognisable offence and stated that Mishra’s presence at the site of the incident could not be ruled out.
“It is clear that Mishra was in the area at the time of the alleged offence... further probe required,” the court stated in its order. The judge directed Delhi Police to submit a compliance report by April 16, the next date of hearing.
The court mandated further investigation into Mishra’s involvement in the first incident of violence on February 23, 2020, along with his associates. “Let the further investigation be initiated with respect to Mishra and his associates... A cognisable offence has been disclosed by the complainant,” the order read.
Additionally, the court instructed the police to examine complainant Mohammad Ilyas and Deputy Commissioner of Police (DCP) Ved Prakash Surya, who was reportedly present at the site during the alleged incident. The court pointed to allegations that Surya had warned protestors, saying, “If you don’t stop the protest, then the consequence will happen here that you all will be killed.”
The judge remarked that Surya was in a position to clarify what had transpired between him and Mishra. “He (Surya) is the best person to explain as to what transpired on the day between him and Mishra, coupled with the ultimatum and warning by DCP Ved Prakash Surya, subsequent thereof, as alleged by the complainant, and this requires serious investigation,” the order stated.
The court also questioned the prosecution’s theory of the riots and the reasons cited for Mishra’s exoneration. “If one goes through it in detail in the prosecution submission, one will fail to find what was the immediate cause for rioting,” the judge observed. Comparing the situation to historical incidents, the court remarked, “In 1857, the cause was the cartridges greased with cow and pig fat. A similar immediate cause should have been identified here.”
Rejecting the prosecution’s argument that Mishra had already been investigated in another FIR, the court said the police’s interrogation reports did not support this claim. “Relying upon the submissions of the prosecution that investigations have already been carried out, the interrogation reportedly conducted by police compels this court to hold otherwise,” the judge noted. Mohammad Ilyas, a resident of Yamuna Vihar, sought an FIR against Mishra, the then Station House Officer (SHO) of Dayalpur police station, and five others, including BJP MLA Mohan Singh Bisht and former legislator Jagdish Pradhan.
Ilyas accused Mishra and the others of being involved in blocking roads and causing destruction during the violence in Northeast Delhi. He claimed that he saw Mishra and his associates destroying vendors’ carts in Kardampuri. He further alleged that the then Deputy Commissioner of Police (DCP) for Northeast Delhi was present alongside Mishra and other police personnel, warning protestors to vacate the area or face consequences.
In addition to Mishra, Ilyas named the then Dayalpur SHO, along with Bisht and Pradhan, in his complaint. He accused them of vandalising mosques across the area, claiming that these acts were part of the violence that unfolded between February 24 and 26, 2020. The riots resulted in the deaths of 53 people, over 500 injuries, and widespread property damage. The violence was largely attributed to communal tensions, and the aftermath left the region in turmoil.
Earlier this year, the Delhi Police had opposed Ilyas’ petition for an FIR, asserting that Mishra was being “framed” and had no involvement in the riot’s planning or execution. Special Public Prosecutor Amit Prasad argued that Mishra’s role had already been investigated as part of a broader conspiracy, but no incriminating evidence was found against him. The police had claimed that Mishra had not played a role in the riots.
Ilyas, represented by lawyer Mehmood Pracha, insisted that the violence and its aftermath were not isolated incidents but part of a deliberate effort to escalate tensions in the area. His complaint also raised concerns about the role of police officials who were allegedly present at key locations during the violence and failed to intervene effectively.
This case adds to the legal troubles Mishra faces. In another ongoing matter, Mishra is facing charges under the Representation of the People Act (RPA) for allegedly promoting communal enmity during the 2020 Delhi Assembly elections. A magistrate court had announced in March that it would begin hearing arguments on the charges related to this case soon.