A Delhi court dismissed a plea seeking registration of an FIR against Delhi Law Minister Kapil Mishra over the 2020 Delhi riots. The Rouse Avenue Court held that grounds were insufficient to order an FIR under Section 156(3) CrPC.
NEW DELHI: A Delhi court dismissed a petition requesting the registration of a first information report (FIR) against Delhi Law Minister Kapil Mishra concerning the 2020 Delhi riots.
Additional Chief Judicial Magistrate (ACJM) Ashwani Panwar of the Rouse Avenue Court turned down the application submitted by Yamuna Vihar resident Mohammad Ilyas under Section 156(3) of the CrPC (175(3) of BNSS), which allows magistrates to order the registration of FIRs for cognizable offenses.
A detailed order is still pending.
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Ilyas sought the FIR against Mishra, alleging that he participated in the riots. He claimed to have witnessed Mishra and others blocking a road in Kardampuri, Northeast Delhi, and destroying vendors’ carts during the unrest. Ilyas also mentioned that the then-DCP of Delhi Police was present next to Mishra during these events.
It is worth noting that a Magistrate court had previously directed the Delhi Police to investigate Mishra’s alleged involvement in the riots, but that order was overturned by the Sessions Court.
The former magistrate, Additional Chief Judicial Magistrate Vaibhav Chaurasiya, had raised significant concerns regarding the Delhi Police’s investigation into the supposed conspiracy behind the riots. He criticized the police for relying on questionable assumptions, guesswork, and flawed interpretations to support their theory that the riots were part of a pre-planned conspiracy orchestrated by anti-Citizenship Amendment Act (CAA) protestors.
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However, the Sessions Court concluded that the Magistrate court was not authorized to order a further investigation since the Delhi Police had already registered an FIR related to a broader conspiracy behind the riots, and the Karkardooma Court had acknowledged it.
The case then came before Judge Panwar following Judge Chaurasiya’s transfer.
Judge Panwar ultimately dismissed the plea.
Advocates Mehmood Pracha and Sikander Raza represented the complainant, Mohammad Ilyas, while Special Public Prosecutor (SPP) Amit Prasad, along with Advocate Fagun Sharma, represented the Delhi Police.
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