‘Hate’ tweets: Delhi HC refuses to pause proceedings against Mishra
New Delhi: The Delhi High Court on Tuesday refused to stay the trial court proceedings against Delhi Law Minister Kapil Mishra for allegedly posting objectionable tweets during the 2020 assembly elections.
Justice Ravinder Dudeja issued notice to Delhi Police on the BJP leader’s plea challenging a sessions court order that dismissed his petition against the summons of a magisterial court in the case.
“There is no need to stay the trial court proceedings. There is no stoppage of proceedings. This court does not feel it (is) necessary to stay the proceedings. The trial court is at liberty to proceed further with the matter,” the judge said.
The high court granted four weeks to the police to file its response to the petition and posted the hearing on May 19.
The hearing is slated to come up in the trial court on March 20.
Mishra posted alleged objectionable statements on social media on January 23, 2020, from his X handle, then Twitter, in connection with the Delhi assembly elections.
A complaint was filed against him by the returning officer, based on which an FIR was registered.
The sessions court on March 7 expressed “complete agreement” with the magisterial court that the complaint filed by the returning officer was sufficient to take cognisance of the offence under Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act.
On Tuesday, senior advocate Mahesh Jethmalani, appearing for Mishra, said Section 125 of the Act was a non-cognisable offence and the FIR could not be registered without following the procedure under Section 155(2) of the Code of Criminal Procedure.
He said there was no reference to any two communities or groups in the tweets -- a prerequisite of Section 125 of the RP Act.
The alleged tweets were neither intended to promote enmity between different classes nor any such situation was created during that period, Jethmalani argued.
Mishra’s tweets, he said, were posted during the elections to criticise the
“anti-social and anti-national” elements who intended to spoil the atmosphere under the guise of anti-Citizenship Amendment
Act movement.
He said in the tweets, Mishra was trying to say that if anyone attempted to divide the nation, there were nationalists who would prevent it.
The prosecutor appearing for Delhi Police opposed the petition and said the tweets were intended to promote hatred between two religious communities.
The Delhi HC refused to stay trial against Kapil Mishra, stating he wouldn’t be prejudiced. It directed the trial court to assess charges independently. A sessions court earlier ruled his remarks promoted enmity, indirectly targeting a religious community.
