2020 Delhi riots: Court stays till Apr 21 order for further probe against Law Minister Kapil Mishra

New Delhi: A Delhi court on Wednesday stayed till April 21, an order for further probe against Law Minister Kapil Mishra for his alleged role in the February 2020 riots.

Special judge Kaveri Baweja stayed the order after Mishra moved court with a plea against the magisterial court verdict.

The court also issued notice to complainant Mohammad Ilyas, on whose plea the magistrate ordered the FIR, and asked him to respond by April 21, the next date of hearing.

"I have considered the submissions of senior counsel for the petitioner and also gone through the impugned order. Let notice of the revision petition be issued to the respondents returnable on April 21, 2025. The record of the court of ACJM (additional chief judicial magistrate) 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," the court said.

The complaint alleged on February 23, 2020, Mishra and his associates, in connivance with the police, blocked the road at Kardampuri and started breaking the cars of Muslims and Dalits during the alleged riots which broke out after passing of CAA.

Senior advocate P K Dubey, appearing for Mishra, argued the magisterial court's order "encroached upon" the jurisdiction of a special court dealing with the matter by directing a further investigation.

Dubey, appearing alongside advocates Siddhesh Kotwal, Paritosh Anil and Manya Hasija, urged the court to stay the magisterial court's order, saying Mishra was a public figure and "a sword was hanging at his neck" with an "injury" being caused every day.

Special public prosecutor Amit Prasad, appearing for Delhi Police, also sought setting aside of the trial court order, saying, "Allegations of Mishra being involved in the riots cropped up so many times. We (Mishra) have probed and come to conclusion that his involvement was not found."

Delhi Police had opposed the complaint against Mishra before the trial court, saying that he had no role in the riots.

The police had informed the court during the arguments on the petition that "a plan" was being "hatched to shift the blame on Mishra".

Mishra’s role was already investigated in the larger conspiracy behind the riots, it said.

"The chats of the DPSG (Delhi protest support group) show that the chakka jams were planned well in advance, as early as February 15 and 17, 2020. Police investigation had revealed that a plan was hatched to shift the blame on Mishra," the police added.

ACJM Vaibhav Chaurasia on April 1 said that a cognisable offence was “prima facie” found that needed to be investigated.

“It is clear that Mishra was in the area at the time of alleged offence… further probe required,” the magistrate said.

He was hearing arguments on a plea filed by a Yamuna Vihar resident Mohammad Ilyas, seeking registration of the FIR, which was opposed by Delhi police, claiming that Mishra had no role in the riots.