By Sohini Ghosh
The Delhi High Court Tuesday refused a request by BJP leader and Delhi Law Minister Kapil Mishra to stay the trial proceedings against him in a 2020 case accusing him of promoting communal enmity.
Mishra is challenging the dismissal of a revision petition in the case before a sessions court. Mishra’s revision petition had challenged the summons issued to him in the 2020 case lodged against him under Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act.
Mishra has been accused of making objectionable statements in the electronic media in 2020 like “Delhi mein chhote chhote Pakistan bane (there are mini-Pakistans in Delhi)” and “Shaheen Bagh mein Pak ki entry (Pakistan has entered Shaheen Bagh)”. The case also pertained to a tweet by Mishra that there will be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, the day of the Delhi Assembly elections in 2020.
Senior counsel Mahesh Jethmalani requested the high court to stay the trial court proceedings from framing charges against Mishra. Justice Ravinder Dudeja recorded in the order that the court “does not feel the necessity to stay the proceedings of trial court”, and made it clear that the “trial court is at liberty to proceed further”.
While Jethmalani vehemently pressed for a stay, even arguing that Mishra’s “reputation will be damaged if charges are framed”, while seeking a deferment in the framing of the charges till the high court disposes of his petition, Justice Dudeja refused to accede to the request.
Justice Dudeja orally remarked, “…Otherwise you’ll go before trial court and say matter is subjudice before the high court and seek adjournment…even if trial court frames the charge, this (petition before the high court) will not become infructuous. Let the proceedings continue… If you get a favourable finding (before the trial court), all proceedings will go… You will not be prejudiced with continuation of the trial… No need to stay the trial.”
This story was originally published in indianexpress.com. Read the full story here.
