Delhi Court Dismisses Plea for FIR Against Minister Kapil Mishra Related to 2020 Riots
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New Delhi, March 13 (NationPress) - On Friday, a court in Delhi rejected a request for an FIR against Kapil Mishra, the Delhi Law and Justice Minister, related to the riots that occurred in North-East Delhi in 2020.
Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar, presiding over the Rouse Avenue Court, dismissed the petition submitted by Mohammad Ilyas, a resident of Yamuna Vihar. Ilyas had sought police action to file an FIR against Mishra and others for their alleged involvement in incidents that took place in Kardam Puri on February 23, 2020.
In his submission, Ilyas alleged that he witnessed Mishra and others obstructing a roadway and vandalizing vendors' carts during the riots, with senior police officials present at the scene.
The complaint accused Mishra of participation in the riots and also implicated Mustafabad MLA and Deputy Speaker of the Delhi Assembly, Mohan Singh Bisht, along with former BJP legislator Jagdish Pradhan, claiming they instigated the violence.
Ilyas requested directions under Section 156(3) of the Code of Criminal Procedure, which allows a magistrate to mandate the filing of an FIR in cases involving cognizable offenses.
However, the court determined that the evidence presented did not warrant an FIR at this moment. The case brought forth by Ilyas has been through several legal challenges.
Previously, a magistrate court instructed the Delhi Police to further probe Mishra’s alleged actions during the riots, which resulted in 53 fatalities and numerous injuries.
That directive was later overturned by a Special Court. In November of the prior year, Special Judge Vinay Singh noted that the ACJM had made a 'serious jurisdictional error' in ordering additional investigation.
The Special Court found that the magistrate had overstepped the limited parameters of Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and had made comments on matters already in trial in a higher court.
The judge also observed that Ilyas's complaint did not convincingly establish the occurrence of a cognizable offense, and the ACJM’s decision was based on inferences drawn from Mishra's questioning related to a larger conspiracy concerning the riots.