Delhi High Court rejects stay on proceedings against BJP leader Kapil Mishra over 2020 election remarks

The Delhi High Court refused to stay the immediate trial court proceedings against Delhi Law Minister Kapil Mishra over his alleged provocative remarks ahead of the 2020 assembly elections.

A bench headed by Justice Ravinder Dudeja dismissed senior advocate Mahesh Jethmalani's request to halt the proceedings.

The court said there was no need to stay the trial at this stage and that continuing proceedings would not prejudice the parties.

“Why? There is a possibility that you may be discharged at the trial stage. There is no need to stay in the trial. The continuation of the trial does not cause any prejudice," the bench told Jethmalani, representing Mishra.

“There is a possibility that you may be discharged at the stage of framing of charge. In the meantime, let the trial court continue with the proceedings. No stoppage of proceedings. Even if the TC frames charges against you, it would not become infructuous. No stay, sir. Consideration of charge is totally different. Some material has been found, which is why a notice has been issued in this case,” the court added.

However, the court issued notice in Mishra’s appeal against the March 7 order refusing to dismiss the summons in the case and directed the trial court not to be influenced by the special judge’s observation and to consider the framing charges based on independent submissions.

“It is made clear that while considering the case of framing of charge, trial court would considering the case of framing of charge, trial court would consider the independent submissions made by the party,” court said in the order.

The matter will be next heard on May 19.

Allegations against Kapil Mishra

Mishra was accused of posting provocative remarks on January 23, 2020, from his X account (formerly known as Twitter) handle in connection with the Delhi legislative assembly elections, and the returning officer filed a complaint based on this.

Mishra claimed there will be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, the day of the elections in 2020. Aam Aadmi Party won the Delhi Assembly Elections in 2020.

The court previously said Mishra's statement appeared to be “a brazen attempt to promote enmity on the grounds of religion by way of indirectly referring to a country which, unfortunately, in common parlance is often used to denote the members of a particular religion”.