HC refuses to stay trial against BJP’s Kapil over 2020 tweets

The Delhi High Court on Tuesday refused to stay trial court proceedings against BJP MLA Kapil Mishra in a 2020 FIR wherein he made comments about making a “mini Pakistan” in Shaheen Bagh. The saffron party legislator had challenged the trial court’s order summoning him in the matter.

The matter relates to a 2020 FIR regarding his tweets, where he referred to Shaheen Bagh as a “mini Pakistan” and framed the Delhi Assembly elections as a contest between “India and Pakistan.”

Justice Ravinder Dudeja declined to halt the trial and issued a notice on Mishra’s plea challenging an earlier court order upholding his summons.

“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 court said.

Mishra, represented by Senior Advocate Mahesh Jethmalani, argued that his tweets did not reference any religious groups, a requirement under Section 125 of the Representation of the People Act (RP Act), 1951. He claimed the tweets were aimed at anti-CAA protesters, not to incite hatred.

The Delhi Police opposed the plea submitting that there have been concurrent findings of two courts on the issue and the arguments raised by Jethmalani can be taken up at the stage of framing of charges.

The trial court earlier observed that his reference to “Pakistan” was a calculated attempt to polarise voters. The matter will be heard next on May 19. It is listed before the trial court on March 20.