A Delhi court has refused to quash summons issued by a trial court against Bharatiya Janata Party leader and Delhi Cabinet Minister Kapil Mishra over controversial remarks allegedly made by Mishra during the Delhi Assembly elections in 2020.
Special Judge Jitendra Singh of the Rouse Avenue Courts on Friday dismissed the revision plea filed by Mishra challenging the June 2024 order passed by an Additional Chief Metropolitan Magistrate in a case related to electoral malpractice.
As per the case, the alleged communal remarks were said to have been made on Mishra’s social media account. These included statements such as “Delhi mein chote chote Pakistan bane” (Delhi turning into mini-Pakistan) and “Shaheen Bagh mein Pak ki entry” (Shaheen Bagh serves as entrance for Pakistan).
Mishra was charged under Section 125 of the Representation of People Act, 1951, for promoting enmity between classes to get gain an advantage during the Delhi Legislative Assembly Elections.
Special Judge Singh observed that the alleged statements made by the revisionist appeared to be a brazen attempt to promote enmity on the grounds of religion by way of indirectly referring to a ‘country,’ which unfortunately in common parlance, has often been used to denote the members of a particular religion.
The word ‘Pakistan’ was very skilfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes, it noted.
The Rouse Avenue Court further condemned the trend of making communally charged speeches during elections to garner votes.
This was a sad indication of colonial practice of ‘divide and rule’ still being practiced in India, observed the Special Judge.
He further rejected Mishra’s argument that a comment regarding a country would not constitute an offence under Section 125 of the RP Act.
Calling the argument preposterous and outrightly untenable, the Court said the implicit reference underlying the particular ‘country’ in the alleged statement was an unmistaken innuendo to persons of a particular ‘religious community’, apparent to generate enmity amongst religious communities. This could be effortlessly understood even by a layman, let alone by a reasonable man,” it added.
It further rejected the submission made by Mishra that since the offence under Section 125 of RP Act was punishable with imprisonment only up to three years, the trial court was wrong to treat it as a cognisable offence.
The Rouse Avenue Court held that the offence under Section 125 of RP Act was cognisable (serious crimes for which prior permission from a Magistrate was not required for police investigation and in which cases arrests may be made without a warrant).
The Special Judge mentioned a case, in which the Supreme Court treated an offence under the Copyright Act, 1957 which too was punishable with three years of imprisonment, as a cognisable offence.
Drawing a parallel, the Special Court held that Section 125 of the RP Act was also a cognisable offence, since it had a similar imprisonment term prescribed as punishment
The post Pakistan remarks: Delhi court refuses to quash summons against Minister Kapil Mishra appeared first on India Legal.