Delhi Riots- Delhi Court Directs Delhi Police To File Report In Harsh Mander's Plea Seeking FIR Against BJP Leader Kapil Mishra

The Metropolitan Magistrate Himanshu Raman Singh called for the report from the DGP concerned.

It may be noted that Social Activist Harsh Mander has filed the instant plea before the Patiala House Courts (Delhi) that the same be considered for the offence under Section 153 IPC (Wantonly giving provocation with intent to cause riot) and Section 125 of Representation of People Act (Promoting enmity between classes in connection with election).

The plea seeks the arrest and registration of an FIR against Mishra for allegedly encouraging violence against anti-CAA protestors.

Noting that the matter has already gone to the Delhi High Court, the Metropolitan Magistrate called for the report from the DGP and posted the matter for further hearing on 09^th March 2021.

Background of Mander's plea

It may be noted that in July 2020, the Delhi High Court had allowed social activist Harsh Mander to withdraw his writ petition which sought registration of FIR against politicians such as Kapil Mishra, Anurag Thakur, Parvesh Verma etc., over alleged incitement of Delhi riots.

This was after Senior Advocate Kapil Sibal, who appeared for Mander, had expressed that he was seeking to approach the jurisdictional Magistrate under Section 156(3) of Code of Criminal Procedure for the same relief.

It is also important to note that the Delhi police last year filed an affidavit in the matter stating that it didn't find any evidence against politicians such as Anurag Thakur, Kapil Mishra, Parversh Verma etc, to link them to riots.

Significantly, on February 26, a bench headed by Justice Dr. S Muralidhar, while hearing the petition filed by Harsh Mander, had played the videos containing the alleged inflammatory speeches of Kapil Mishra for the viewing of police officers.

The bench later directed Delhi police to take a decision within a day on the complaint of Mander seeking registration of FIRs against the leaders for alleged provocative speeches.

Next day, the Solicitor General told a different bench comprising Chief Justice D N Patel and Justice C. Harishankar, which was considering the petition, that the Delhi police has decided to defer the decision on FIR as the riots situation was not "conducive" for registration of the same. Accepting the submission of SG, the bench adjourned the hearing till April 13.