The Delhi high court on Tuesday refused to immediately stay trial court proceedings against law minister Kapil Mishra over his allegedly inflammatory tweets ahead of the 2020 assembly elections.
On March 7, a city court refused to junk proceedings and quash the summons issued to Mishra for making “objectionable statements” and violating the model code of conduct (MCC). In his 15-page order, special judge Jitendra Singh said Mishra’s alleged remarks appeared to be “a brazen attempt to promote enmity on the grounds of religion”.
The proceedings originated from a first information report (FIR) registered on January 24, 2020, accusing Mishra of violating the MCC and the Representation of the People Act over allegedly inflammatory social media posts.
Mishra’s lawyer, senior advocate Mahesh Jethmalani, urged the high court to stay the proceedings until disposal of his appeal against the March 7 order. He said the matter was listed for arguments on framing of charges on Thursday and any adverse order would damage Mishra’s reputation. Jethmalani said Mishra’s appeal before the high court would become infructuous in case the trial court framed charges.
A bench of Justice Dudeja told Jethmalani there was a possibility that Mishra may be discharged. “There is no need to stay the trial. The continuation of the trial does not cause any prejudice,” he said. “In the meantime, let the trial court continue with the proceedings.”
Justice Dudeja said even if the trial court frames charges against Mishra, the appeal would not become infructuous. “Consideration of charge is totally different. Some material has been found. That is why notice has been issued in this case. The court does not feel the necessity to stay the proceedings before the trial court…the trial court can proceed.”
The high court issued a notice on Mishra’s plea against the March 7 order and fixed May 19 as the next date of hearing. It directed the additional chief judicial magistrate to consider the independent submissions while considering the arguments on framing of charges and not be influenced by the special judge’s observations.
Jethmalani submitted that Mishra’s remarks had not referred to any caste, community, or religion but merely mentioned Pakistan and Shaheen Bagh (southeast Delhi). He urged the court to quash the summons, maintaining that the social media posts were not intended to promote feelings of enmity or hatred.
Jethmalani said Mishra’s tweets did not lead to anything during the “said period” and were made to condemn only the anti-Citizenship (Amendment) Act (CAA) agitation. He added the purpose of the tweets during the election process was to criticise anti-social and anti-national elements intending to spoil the atmosphere with the anti-CAA movement.
Jethmalani said the police did not have any authority to investigate the matter without seeking the court’s permission since the offence for which he has been booked is a non- cognisable one.
The Delhi Police opposed the appeal saying there was no mention of CAA in Mishra’s tweets and they were made to promote hatred against two religious communities.
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