Delhi Judge Criticizes Kapil Mishra's Hate Speech, Dismisses CBI Liquor Case
Delhi Judge Slams Mishra's Speech, Clears 23 in CBI Case

Delhi Judge Delivers Strong Rebuke in Hate Speech Case, Dismisses CBI Liquor Policy Charges

In a significant legal development from the capital, Delhi's law minister Kapil Mishra faced a substantial judicial setback last year. His legal challenge to a magistrate's summons concerning alleged online hate speech was decisively rejected by the court. The ruling, however, extended beyond a mere dismissal, featuring a strongly worded order that has captured widespread attention.

Judge's Stern Words on Communal Content

Special MP/MLA court judge Jitendra Singh, presiding over the case, did not mince words in his assessment. He characterized Mishra's social media posts as appearing to be "a brazen attempt to promote enmity on the grounds of religion." The judge provided a detailed analysis, noting that the strategic use of the term 'Pakistan' within the statements was "very skilfully woven" to incite hatred.

Judge Singh emphasized that such rhetoric seemed careless toward the potential for communal polarization during election campaigns, possibly aimed solely at garnering votes. This forthright judicial commentary highlighted the court's concern over inflammatory political discourse.

Comprehensive Discharge in CBI Liquor Policy Case

Demonstrating a consistent judicial approach, Judge Singh once again adopted a no-holds-barred stance on Friday. He meticulously dismantled the Central Bureau of Investigation's (CBI) case concerning the Delhi excise policy, resulting in the discharge of all twenty-three accused individuals. The judge concluded that the prosecution had failed to establish even a prima facie case against the defendants.

In his order, Singh pointed to a critical lack of concrete evidence, noting that the case relied excessively on conjectures rather than substantiated facts. This decision marks a major development in a high-profile investigation that has drawn considerable public and media scrutiny.

Profile of a Decisive Judicial Officer

Currently managing the sensitive roster of the MP/MLA court as a special judge at the Rouse Avenue court complex, Jitendra Singh is a senior judicial officer within the Delhi Higher Judicial Service. His appointment as an additional sessions judge in October 2024 positioned him to handle an array of complex and politically sensitive matters.

Judge Singh's tenure has been marked by several notable rulings that reflect his meticulous examination of legal procedures and evidence standards.

Previous Significant Rulings by Judge Singh

  • On November 14, 2024, Singh ordered the release of Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money-laundering case linked to alleged irregularities in the Delhi Waqf Board recruitment process during his chairmanship. The judge refused to take cognizance of the Enforcement Directorate's (ED) supplementary chargesheet against Khan under the Prevention of Money Laundering Act (PMLA), citing a lack of requisite sanction under section 197(1).
  • In August of the previous year, Judge Singh dismissed a defamation case filed by AAP functionary and former minister Satyendar Jain against Bharatiya Janata Party (BJP) MP Bansuri Swaraj. He noted that Swaraj had merely echoed statements made by the ED in a case against Jain.

While concluding the defamation proceedings, the judge took the opportunity to comment on the conduct of investigative agencies, particularly the ED. He underscored that any dissemination of information by these bodies must be "accurate, non-misleading, and free from sensationalism," highlighting a judicial expectation for responsible agency behavior.

Broader Implications for Legal and Political Arenas

These consecutive rulings by Judge Jitendra Singh underscore a judicial philosophy that demands rigorous evidence and cautions against inflammatory rhetoric. The dismissal of the CBI liquor policy case, following the strong rebuke in the hate speech matter, signals a courtroom that is unafraid to scrutinize high-profile accusations from both political and investigative quarters.

The decisions are likely to resonate within Delhi's political landscape, affecting figures across party lines and setting precedents for how courts handle cases involving alleged hate speech and complex economic offenses. Judge Singh's emphasis on procedural sanctity and evidential weight continues to define his approach to the sensitive cases under his purview.