Delhi HC Refuses To Stay Kapil Mishra's Plea In 2020 'Mini-Pakistan' Comment Case, Refuses To Halt Trial

Delhi High Court has declined to stay the trial against Delhi Law Minister Kapil Mishra for alleged incendiary comments made during the 2020 assembly elections.

By : ABP Live News | Updated at : 18 Mar 2025 01:28 PM (IST)

Delhi HC Refuses To Stay Kapil Mishra's Plea In 2020 'Mini-Pakistan' Comment Case

Delhi High Court has refused to stay the trial court's order, which declined to quash the case against Delhi Law Minister Kapil Mishra over his alleged incendiary comments ahead of the 2020 assembly elections, reported news agency ANI. The court issued a notice on his plea and fixed the matter for hearing on May 19.

Justice Ravinder Dudeja’s bench issued a notice on Mishra’s plea against the order dismissing his plea against the summons issued to him.

What Was The 2020 Case Against Kapil Mishra?

The case stems from Mishra’s remarks in January 2020, where he allegedly referred to Shaheen Bagh, a Muslim-majority area, as “mini-Pakistan” to polarise voters ahead of the 2020 assembly elections. The statement was deemed a violation of the Model Code of Conduct, leading to an FIR against him.

The complaint was filed following a letter from the Returning Officer of the Model Town Assembly Constituency, citing breaches of the Model Code of Conduct and the Representation of the People Act - Section 125. This section criminalises attempts to promote hatred between different classes of citizens during elections.

Earlier, on March 7, 2025, the Rouse Avenue Court dismissed Mishra’s revision petition against the trial court’s cognizance and summoning order. The court noted that Mishra’s reference to "Pakistan" was a deliberate attempt to incite communal tensions for electoral gain.

What Did Kapil Mishra Argue In Court?

Senior advocate Mahesh Jethmalani, representing Mishra, argued that his client’s tweets did not reference any religious or communal groups — a key requirement under Section 125 of the Representation of the People Act, 1951. 

Jethmalani contended that Mishra was merely highlighting the ideological divide between those opposing the Citizenship Amendment Act (CAA) and those supporting it. He maintained that Mishra’s statements did not target any specific religious community, particularly Hindus or Muslims, reported legal news website Live Law.

He also argued that Section 125 of the RP Act is a non-cognisable offence, meaning an FIR could not have been registered without following the procedure under Section 155(2) of the CrPC.

Prosecution Counters Mishra’s Claims

The Delhi Police's counsel, opposing the plea, asserted that both the trial court and the sessions court had upheld the case against Mishra. The prosecution argued that his tweets were not about the CAA, as claimed, but were intended to spread hatred between two religious communities. Additionally, they contended that Section 125 of the Representation of the People Act is, in fact, a cognizable offence.

Justice Dudeja then rejected Mishra's plea and issued a notice to the Delhi Police, directing them to file a response within four weeks.

What Court Said About Kapil Mishra’s Statement

In a previous ruling, the special court judge dismissed Mishra’s argument that his reference to "Pakistan" did not target any religious community. The judge noted that Mishra had "skillfully weaved" the term into his remarks, fuelling communal polarisation to sway voters, Live Law reported.

Stressing the Election Commission’s role in curbing divisive rhetoric, the court ruled that the evidence provided by the Returning Officer and the Election Commission was sufficient to justify the trial proceedings under Section 125 of the RP Act. Rejecting Mishra’s defence that his remarks did not explicitly target any religion, the court found the term "Pakistan" to be a clear innuendo aimed at a specific community.

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Published at : 18 Mar 2025 01:11 PM (IST)
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