A Delhi court recently directed a petitioner to approach the concerned MP/MLA court to seek registration of an FIR against BJP leader Kapil Mishra in connection with the 2020 North-East Delhi riots.
Judicial Magistrate First Class (JMFC) Udbhav Kumar Jain of Karkardooma Courts instructed the complainant, Mohd. Wasim, to seek legal action against Mishra through the MP/MLA court, as he is a former legislator.
The court noted in its order:
"It appears that the Investigating Officer (IO) was more concerned about protecting police officials. Either he failed to investigate Accused No. 3 (Kapil Mishra) or deliberately attempted to cover up the allegations against him. The ATR is completely silent regarding him."
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Wasim’s Allegations Against Kapil Mishra and the Police
In his complaint, Wasim alleged that on February 24, 2020, he identified BJP leader Kapil Mishra leading an unlawful assembly during the riots. He further claimed that Mishra fired gunshots at protestors and that Delhi Police officers were openly supporting him.
Wasim recounted that while trying to escape, a policeman caught him and started beating him. He claimed that four policemen later threw him at a location where several injured individuals were already lying.
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According to Wasim, the policemen continued beating them and forced them to sing the national anthem while chanting slogans like "Jai Shri Ram" and "Vande Mataram."
A viral video on social media allegedly showed men being beaten by the police and made to sing the national anthem, which Wasim claims to be a part of.
Wasim stated that all the injured individuals were then taken in a police vehicle to GTB Hospital. After some time, Wasim and another injured person were shifted to Jyoti Nagar Police Station. Later, Faizan, who was also in police custody and allegedly succumbed to custodial torture, was brought to the same station.
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Wasim also claimed that while in police custody, the Station House Officer (SHO) of Jyoti Nagar police station kicked and assaulted them. He was later handed over to his father with a warning to never disclose what had happened.
Delhi Police's Response and Court's Rebuttal
In its action taken report (ATR), the Delhi Police dismissed the allegations, stating that they were "baseless and incorrect." The police denied that any officer had beaten Wasim during his stay at the station.
However, the court questioned the police’s findings and observed:
"Accused No. 3 (Kapil Mishra) is a public figure and subject to greater scrutiny. Such individuals influence the mood and direction of society and are expected to act responsibly within the constitutional framework."
"Inflammatory remarks that disrupt communal harmony are undemocratic and unacceptable in a country where secularism is a fundamental feature enshrined in the Constitution."
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Court Orders FIR Against SHO
The court, after considering the facts, directed the registration of an FIR against the SHO of Jyoti Nagar police station under the following sections of the Indian Penal Code (IPC):
-Section 295A – Deliberate and malicious acts intended to outrage religious feelings
-Section 323 – Voluntarily causing hurt
-Section 342 – Wrongful confinement
-Section 506 – Criminal intimidation
Additionally, the court instructed that the investigation should be overseen by a responsible officer not below the rank of Inspector to ensure transparency and accountability.
This case raises serious questions about the role of law enforcement in the 2020 Delhi riots and whether political figures were shielded from legal scrutiny. The court has emphasized the importance of a thorough investigation and has expressed concerns over the conduct of police officers in handling the matter.
