Delhi Court Slams Police For Inaction In Kapil Mishra's ‘Mini Pakistan’ Tweet Probe; Flags 1Yr Delay

Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Chaurasia at the Rouse Avenue Courts noted that despite directions issued over a year ago to probe Mishra's Twitter (now X) activity, there had been no tangible progress.

“Diligent endeavour was made by this Court since March last year... but in vain,” the Court remarked.

On April 8, the Deputy Commissioner of Police (DCP) submitted that efforts were underway to retrieve information from X Corp, formerly Twitter.

However, the Court observed that no investigating officer was present at the latest hearing, and the agency had offered no adequate explanation for the delay.

The Court, while hearing arguments on charge, noted that despite repeated orders since March 4, 2024, efforts to secure data from the social media platform remained fruitless. It expressed dismay over the investigating agency’s inaction and directed the matter to be brought to the notice of the Commissioner of Police, Delhi, and the Joint Commissioner, Northern Range.

“Out of the ten dates... this Court is appending only the order-sheets of 20.03.2025, 08.04.2025, and the original direction dated 04.03.2024 for the kind perusal of the Worthy Commissioner of Police,” the order reads.

Slamming the “casual attitude” of the investigating agency, the Court directed that the matter be brought to the attention of the Commissioner of Police, Delhi, and the Joint Commissioner, Northern Range.

It noted that Delhi Police is “sufficiently equipped” and must not hesitate to seek assistance from relevant Ministries if necessary.

The Court appended earlier order-sheets from March 2024 and March and April 2025 for the perusal of senior police officers, reiterating that the investigation must not be stalled indefinitely.

“If the Delhi Police fails to investigate or faces any impediment, the same must be reported to this Court,” the Court said, directing that a status report signed by the Joint Commissioner be filed at the next hearing scheduled for July 7, 2025.

Background

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.