A sessions court in Delhi has delivered a significant verdict, setting aside a magistrate court's order that had directed further investigation into BJP leader and Delhi Law Minister Kapil Mishra's alleged involvement in the 2020 Northeast Delhi riots. The ruling, delivered on Monday, declared the previous order "illegal" and suffering from "serious jurisdictional error."
Court Finds Magistrate's Order Legally Flawed
Special Judge Dig Vinay Singh of Rouse Avenue Court, while hearing a revision petition filed by Mishra, strongly criticized the April 1 order passed by Additional Chief Judicial Magistrate Vaibhav Chaurasia. The court noted that the magistrate had repeatedly used the term "further investigation" without ever mentioning that the order directed investigation and registration of an FIR regarding the "first incident" alleged by the complainant.
Judge Singh emphasized in his order that "a mere perusal of the impugned order reveals that it suffers from a serious jurisdictional error and is illegal as far as it directs 'further investigation' into the 'first incident' alleged by the complainant." The court found the magistrate's approach fundamentally flawed in its understanding of legal procedures.
Unwarranted Remarks and Legal Confusion
The sessions court identified multiple issues with the magistrate's order, including what it described as "unwarranted, speculative, and prejudicial remarks" concerning an investigation pending trial before a higher court. Judge Singh pointed out a critical conflation between reinvestigation and further investigation in the challenged order, indicating a basic misunderstanding of legal concepts.
Furthermore, the court observed that the ACJM should have refrained from making unnecessary comments about the investigation in FIR no.59/2020, especially since that matter remains pending trial before a higher court. The sessions court found the magistrate's order "inconsistent" and "selective" in its approach to evaluating evidence.
Background of the Legal Battle
The case originated from an application filed by complainant Mohammad Ilyas, who had sought an FIR against Kapil Mishra along with the then Station House Officer of Dayalpur police station and five others, including BJP MLA Mohan Singh Bisht and former party legislator Jagdish Pradhan. The application concerned events during the February 2020 Northeast Delhi riots that left 53 people dead and over 500 injured.
Ilyas, a resident of Yamuna Vihar, had alleged in his complaint that he witnessed Mishra and others blocking a road in Northeast Delhi's Kardam puri and destroying vendors' carts. He also claimed that the then deputy commissioner of police (DCP) of Northeast Delhi was standing next to Mishra along with other police personnel, warning protestors to vacate the area or face consequences.
The Delhi Police Special Cell, represented by Special Public Prosecutor Amit Prasad, had argued that the magistrate court lacked jurisdiction to order further investigation. The prosecution maintained that Mishra's role in the riots had already been thoroughly investigated, with nothing incriminating found against him, and that he was not responsible for orchestrating the violence.
The legal proceedings saw rapid developments, with the sessions court staying the magistrate's directions just one week after the April 1 order when Mishra approached the higher court. The latest ruling represents a significant legal victory for the BJP leader, though the broader legal proceedings concerning the 2020 riots continue in various courts.
