Delhi Riots | Police Either Failed To Make Enquiry Against Kapil Mishra Or Tried To Cover Up Allegations : Court

A Delhi Court recently asked a man to approach the concerned MP/MLA Court for seeking registration of an FIR against BJP leader Kapil Mishra in relation to a 2020 North-East Delhi riots case.

Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Courts asked the complainant, Mohd. Wasim, to approach the concerned MP/MLA Court for seeking action against Mishra as he is a former MLA.

In the order, the Magistrate observed, "it seems that the IO was more concerned about the police officials and either he failed to make inquiry against the alleged accused no.3(Kapil Mishra), or he tried to cover up the allegations against the said accused. The ATR is completely silent qua him(Mishra)."

In his complaint, Wasim claimed that he was part of a group of men who were forced to sing the national anthem and Vande Mataram by the policemen during the riots.

The incident relates to a video that had gone viral on social media showing that various men were allegedly being beaten by the police while being forced to sing national anthem.

In August last year, the Delhi High Court has transferred to the CBI investigation into the death of 23 year-old Faizan who was part of the group. It was alleged that Faizan died due to custodial torture by policemen in Jyoti Nagar police station.

Wasim's Complaint and Allegations against Kapil Mishra and Policemen

In his complaint, Wasim alleged that on February 24, 2020, he identified BJP leader Kapil Mishra who was allegedly leading an unlawful assembly. He alleged that had fired gun-shots at the protestors.

As per the complaint, Wasim tried to escape but a policeman caught him and started beating him. It was alleged that the personnel of Delhi Police were fully supporting Mishra and his associates.

Wasim alleged that four policemen picked him and threw him at a place where other injured people were lying already. According to the complaint, the policemen started beating them and asked them to sing national anthem and also made them chant slogans of “Jai Shri Ram” and “Vande Mataram, etc.”

Wasim further alleged that all the injured persons were dumped into the vehicle of the SHO and they were taken to GTB hospital.

The complaint alleged that after some time, Wasim and one other man were taken to Jyoti Nagar police station. Later, Faizan, who later died after allegedly being beaten up by the police in custody, was also brought to the police station.

It was further alleged that the SHO came in the lockup and started kicking them. As per the complaint, Wasim was handed over to his father after half an hour. It was Wasim's case that two days later he was called to the police station where the policemen told him to tell everyone that the SHO had saved his life and that the police did not give them any trouble.

A complaint was sent by Wasim in July 2020 seeking registration of FIR against the alleged accused persons. However, since no action was taken, he approached the Court praying that an FIR be lodged under relevant sections and to investigate the matter.

As per Delhi Police's action taken report, it was stated that the allegations against the SHO and other policemen were baseless and incorrect and that no police personnel had beaten Wasim during his stay at the police station.

Observations qua Kapil Mishra

The Court noted that Delhi Police's action taken report was completely silent qua Kapil Mishra. The Judge said that either the IO failed to make inquiry against Mishra or he tried to cover up the allegations against him.

“The alleged accused no.3 (Kapil Mishra) is in public eyes and is prone to more scrutiny; such persons in the society direct the course/mood of the public at large and thus, responsible behaviour within the ambit of the Constitution of India is expected from such persons,” the Court said.

The judge further observed that scathing remarks which have the effect of affecting communal harmony are undemocratic and uncalled for from a citizen of this country where principles like Secularism hold the value of basic feature imbibed in the Constitution.

It added that freedom to express oneself is allowed to be enjoyed by the citizens to the fullest possible extent, yet with every right there is a corresponding duty attached.

“The principle behind Section 153A IPC is to preserve religious/communal harmony and it is the duty of every citizen that while he enjoys his right to express himself, he preserves religious harmony. This indeed is the positive aspect of Secularism,” the judge said. 

The Court disposed of the plea while ordering that FIR be registered against the SHO for the offences under Section 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 323 (voluntarily causing hurt), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code, 1860.

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