Delhi HC declines BJP leader Kapil Mishra’s plea to stay trial in communal remarks case

The Delhi High Court on Tuesday declined Bharatiya Janata Party leader Kapil Miclinshra’s request to stay trial court proceedings against him in connection with a case of promoting communal enmity ahead of the 2020 Assembly elections in the national capital, reported Live Law.

Justice Ravinder Dudeja issued notice on Mishra’s petition challenging a special court’s order on March 7.

Special Judge Jitendra Singh of the Rouse Avenue Court had dismissed a revision petition by Mishra, who is now the law minister in the Delhi government, against the summons in connection with the 2020 case under the Representation of the People Act.

Mishra has been accused of posting allegedly objectionable comments on electronic media on January 23, 2020, in connection with the Assembly elections in Delhi. The case was filed based on a complaint by the returning officer.

The case also pertained to a social media post by the BJP leader stating that there would be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, 2020, which was the polling day.

He was booked for promoting enmity between classes in connection with the elections under Section 125 of the Representation of the People Act. A chargesheet in the matter was filed in November 2023.

Appearing for Mishra, Senior Advocate Mahesh Jethmalani told the High Court on Tuesday that “there was...

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