Delhi High Court had refused to stay immediate trial court proceedings against Delhi law minister Kapil Mishra in connection to his alleged provocative remarks ahead of the 2020 assembly elections.
The bench headed by Justice Ravinder Dudeja dismissed the request of senior advocate Jethmalani to stay the proceedings, stating that the matter was listed before the court on Wednesday over charges against the minister and the likelihood of damaging his reputation.
However, the court mentioned that there is no need to stay the trial at this stage and continuation of proceedings would not cause any prejudice.
“Why? There is a possibility that you may be discharged at the stage of the trial. There is no need to stay the trial. The continuation of the trial does not cause any prejudice,” the bench told Jethmalani representing Mishra.
“There is a possibility that you may be discharged at the stage of framing of charge. In the meantime, let the trial court continue with the proceedings. No stoppage of proceedings. Even if the TC frames charges against you, it would not become infructuous. No stay, sir. Consideration of charge is totally different. Some material has been found, which is why a notice has been issued in this case,” the court added.
However, the court issued notice in Mishra’s appeal against the March 7 order refusing to dismiss the summons in the case and directed the trial court not to be influenced by the special judge’s observation and to consider the framing charges based on independent submissions.
“It is made clear that while considering the case of framing of charge, trial court would considering the case of framing of charge, trial court would consider the independent submissions made by the party,” court said in the order.
The matter will be next heard on May 19.
Allegations against Kapil Mishra
Mishra was accused of posting provocative remarks on January 23, 2020, from his X account (formerly known as Twitter) handle in connection with the Delhi legislative assembly elections, based on which a complaint was filed by the returning officer.
Mishra claimed there will be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, the day of the elections in 2020. Aam Aadmi Party won the Delhi Assembly Elections in 2020.
The court previously said Mishra’s statement appeared 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”.
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