The Delhi High Court has denied a request to halt the trial court proceedings against Delhi minister and BJP leader Kapil Mishra, who faces allegations of violating the model code of conduct during the 2020 Assembly elections. The court has issued a notice regarding Mishra’s plea for the dismissal of the case.
Mishra contests the lower court’s decision that dismissed his revision plea, which was aimed at nullifying an order summoning him under Section 125 of the Representation of People Act. The accusations against him include making inflammatory statements in electronic media and posting tweets that allegedly incited communal discord during the 2020 elections.
Despite pleas from Mishra’s legal representation to pause the ongoing trial court activities, the High Court clarified that the trial court is authorized to continue its proceedings.
The case originated from a letter received on January 24, 2020, from the returning officer in the Model Town constituency, which indicated possible breaches of the Model Code of Conduct and the Representation of People Act. Consequently, a show-cause notice was issued to Mishra on January 23, 2020. The returning officer found Mishra’s response to be inadequate, prompting the filing of a complaint that led to the registration of an FIR.
A chargesheet related to the case was filed on January 11, 2023, with further investigations ordered on March 4 of the previous year. This resulted in a supplementary chargesheet, and the trial court approved a request to condone the delay in filing it, subsequently summoning Mishra.
On March 7, the sessions court affirmed the summoning order, characterizing Mishra’s statements as a blatant attempt to incite religious animosity by insinuating references to a neighboring country commonly associated with a specific religious group.
The court underscored the Election Commission’s responsibility to ensure candidates refrain from engaging in divisive rhetoric that undermines the integrity of the electoral process. The High Court is scheduled to examine the case further on May 19.
