A Delhi court directed the police to provide a detailed report on the evidence collected from X (formerly Twitter) in the case against BJP leader Kapil Mishra. The case relates to his alleged objectionable statements posted on January 23, 2020, during the Delhi assembly elections. The court’s order highlights the importance of digital evidence in legal proceedings. Authorities are expected to verify whether Mishra’s statements violated election laws or incited unrest.
New Delhi: A Delhi court has instructed the Delhi Police to submit a detailed report regarding the evidence gathered from the microblogging platform X (formerly Twitter) in a case involving Delhi minister Kapil Mishra.
Mishra faces allegations of posting objectionable statements on his X account on January 23, 2020, related to the Delhi legislative assembly elections.
The case initiated following a complaint from the returning officer, leading to the registration of an FIR.
Additional Chief Judicial Magistrate Vaibhav Chaurasiya has ordered the Deputy Commissioner of Police (DCP) for northwest Delhi to present the report by April 18.
During the proceedings, the judge granted Mishra an exemption from appearing in court in person, citing his commitments to cabinet meetings for the upcoming budget sessions.
On March 7, a special court rejected Mishra’s plea against the summons issued for making “objectionable statements” and breaching the model code of conduct in 2020.
Special Judge Jitendra Singh emphasized that the Election Commission of India has a constitutional duty to prevent candidates from engaging in “vitriolic vituperation with impunity,” which could disrupt the environment for free and fair elections.
The judge concurred with the magisterial court that the complaint from the returning officer justified taking cognizance of the offense under Section 125 of the Representation of the People Act, which addresses promoting enmity between classes in connection with elections.
The court noted that Mishra’s statements seemed 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.”