A Delhi court strongly criticised the Delhi Police for delays in investigating a hate speech case against BJP leader Kapil Mishra.
NEW DELHI: A Delhi court has strongly criticised the Delhi Police for failing to complete the investigation in a hate speech case involving Bharatiya Janata Party (BJP) minister Kapil Mishra.
The case relates to his controversial tweet during the 2020 Delhi Assembly elections about the Shaheen Bagh protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
The case came up before Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Chaurasia, who expressed his displeasure over the police’s “casual attitude” in following the court’s instructions.
The judge noted that in March this year, the court had already pointed out serious shortcomings in the investigation and had called for further probe. But even after repeated directions, the police failed to take proper action.
“No one is present on behalf of the Investigating Agency to follow up the directions of further investigation and before any stringent remarks could be made upon the casual attitude of the Investigating Agency qua the directions of this Court, this Court is constrained to bring it to the notice of worthy Commissioner of Police, Delhi Police with respect to the state of affairs and non-adequate explanation on the part of the Investigating Agency,” the Court said.
The judge emphasised that the police had not even collected all the necessary materials to complete the chargesheet, despite being directed to do so over a year ago.
“It is also suggested that if the aid of any other Ministry is required, this Court is of the opinion that the Delhi Police is enough equipped and will not be shy to take resort to,” the Court added, making it clear that Delhi Police has enough authority and resources to act, but has failed to do so.
The Court has now listed the matter for the next hearing on July 7. It has asked the Joint Commissioner of Police (Northern Range) to take necessary steps, since his office is already familiar with the situation.
The case against Kapil Mishra goes back to a tweet he posted during the 2020 Delhi elections.
In the tweet, he had said:
“AAP and Congress are creating mini Pakistan like Shaheen Bagh; 8th February ko Hindustan khada hoga, jab-jab deshdrohi Bharat me Pakistan khada karenge, tab-tab desh bhakto ka Hindustan khada hoga.”
He also made some remarks to the media around that time. Mishra was booked under Section 125 of the Representation of the People Act, which relates to promoting enmity between different groups during elections. He has been accused of spreading hate and creating disharmony among citizens. A chargesheet against him was filed only in 2023—three years after the incident.
In March 2024, the trial court had said there were “certain significant gaps in the investigation” and ordered further inquiry into the matter.
“Recognizing the sensitivity surrounding the case, it is imperative that the Deputy Commissioner of Police concerned shall monitor the investigation,” the court had instructed.
On Monday, Additional Public Prosecutor Chiranjit Singh represented the State in court. Senior Advocate Pawan Narang, along with lawyers Neeraj and Himanshu Seth, appeared on behalf of Kapil Mishra.
