Delhi HC Upholds Trial in Kapil Mishra's 'Mini-Pakistan' Remarks Case

The Delhi High Court has declined to halt the trial against Minister Kapil Mishra over his alleged incendiary comments during the 2020 assembly elections. While Mishra argues the remarks were nationalist, the court maintains they could polarise voters, violating the Model Code of Conduct.

The Delhi High Court on Tuesday chose not to stay a trial court's order dismissing a plea to quash the case against Delhi Minister Kapil Mishra, involved in alleged incendiary remarks during the 2020 assembly elections. Under Justice Ravinder Dudeja, the bench issued a notice for the petition and slated a hearing for May 19, instructing the trial court to disregard the sessions court's substantive observations.

Despite counsel requests to pause trial proceedings, the court refused, directing the trial court to independently evaluate the case, uninfluenced by previous observations. Senior Advocate Mahesh Jethmalani, representing Mishra, argued that the non-cognizable offence, carrying a maximum three-year sentence, required adherence to CrPC procedures before filing an FIR.

Jethmalani argued that Mishra's tweets, criticizing the anti-CAA protests, were nationalist, not religious. However, Delhi Police disputed this, emphasizing the public servant's duty for careful speech. The FIR, based on a Model Town Assembly's Returning Officer's complaint of MCC violations, accused Mishra of using divisive language. The trial court upheld the FIR, citing sufficient evidence of communal intent.

(With inputs from agencies.)