2020 Delhi Riots: Court Sets Aside Order for Probe Against Kapil Mishra
Sessions Court allowed revision petitions filed by Delhi Minister Kapil Mishra and Delhi Police, overturning the Magistrate’s direction for further investigation into his alleged role in the larger conspiracy behind the riots
Rouse Avenue Court overturns Magistrate’s order for probe into Kapil Mishra’s alleged role in 2020 Delhi riots; directs proceedings to continue as per law
A Delhi court has set aside a Magistrate’s order that had directed the Delhi Police to investigate the alleged role of BJP leader Kapil Mishra in the 2020 Delhi riots.
The order was passed by Special Judge Dig Vinay Singh of Rouse Avenue Court who observed that the Magistrate had exceeded jurisdiction in directing a fresh probe into Mishra’s alleged involvement.
Earlier, the Magistrate’s court had directed the police to examine Mishra’s role based on a complaint alleging that his remarks prior to the riots had contributed to the violence. Both Mishra and Delhi Police had challenged the Magistrate's order.
Notably, on October 25, reserved its order for November 10 on a plea filed by Mishra challenging a lower court’s direction to register an FIR against him in connection with the 2020 Delhi riots, which claimed 53 lives. Special Judge Dig Vinay Singh who had earlier stayed the lower court’s order for the FIR, said, “Put up this matter along with the connected file for orders on November 10.”
The Court had heard arguments from both sides, including counsel for complainant Mohammad Ilyas, a resident of Yamuna Vihar, whose complaint had prompted the April order directing the registration of an FIR against Mishra. Ilyas has alleged that Mishra’s inflammatory remarks and conduct had fuelled the violence during the 2020 riots. Following the earlier Court order to book Mishra, the Aam Aadmi Party (AAP) intensified its demand for his resignation. Senior party leader Atishi had accused the Delhi Police and BJP government of shielding Mishra, saying, “The court has ordered an FIR against Kapil Mishra, whose inflammatory speeches in 2020 resulted in the death of 53 people. Why is he not being arrested?”
Ilyas’s complaint also named Mustafabad MLA and Delhi Assembly Deputy Speaker Mohan Singh Bisht and former BJP legislator Jagdish Pradhan as co-accused, alleging their role in stoking communal tension.
Mishra, who was accused in 2020 of making provocative statements and referring to “mini-Pakistans in Delhi” in televised remarks, is currently seeking a revision of the lower court’s directive for FIR registration. The case stems from an FIR registered in 2020 following a complaint by the Returning Officer's office alleging that Mishra's tweets violated the Model Code of Conduct and the Representation of the People Act during the Delhi Assembly elections.
It is to be noted, that on March 8, the Delhi Court had upheld the trial court’s order to take cognizance against BJP leader Kapil Mishra for promoting enemity between classes in connection with Delhi Legislative Assembly Elections. Special Judge Jitendra Singh had held, “The word ‘Pakistan’ is very skillfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election compaign, only to garner votes… One cannot be allowed to do something, that has been prohibited by Section 125 of RP Act, indirectly, if he cannot do it directly”.
In June 2023, a Magisterial Court had summoned Mishra, a decision upheld by a special judge who dismissed his revision petition. The Delhi High Court also refused to stay the trial court proceedings in March 2025.
The Special Judge had earlier remarked that Mishra’s use of the word “Pakistan” was a “skillful” attempt to provoke communal tensions and polarise voters. The argument that Mishra referred only to a “country” and not a community was rejected, with the court noting that such terminology is often used in “common parlance” to target a specific religious group.
Mishra, a vocal critic of the Shaheen Bagh anti-CAA protests, continues to face trial in connection with these remarks.
Case Title: Kapil Mishra Vs. State of NCT of Delhi & Anr
Pronouncement Date: November 10, 2025
Bench: Special Judge Dig Vinay Singh