Delhi High Court Refuses to Stay Trial Against BJP’s Kapil Mishra

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Mishra allegedly made communal statements to gain an advantage during the Delhi Assembly elections of 2020.

Team Clarion

NEW DELHI — The Delhi High Court on Tuesday refused to stay trial proceedings against Bharatiya Janata Party (BJP) leader Kapil Mishra in connection with an electoral malpractice case filed against him on allegations that he made communal statements to seek votes during the Delhi Assembly polls in 2020.

Minister Kapil Mishra, who was found guilty by the trial court of inciting communal hatred during the 2020 Delhi Assembly elections. While issuing a notice on Mishra’s appeal, the court has listed the matter for hearing on July 19, leaving his conviction in abeyance.

The Rouse Avenue Court had recently held Mishra responsible for making inflammatory speeches that allegedly deepened communal rifts and disturbed social harmony in the national capital. The court noted that his statements played a role in escalating tensions between communities during the election period.

The controversial remarks are said to have been made on Mishra’s social media account X (formerly Twitter).

The remarks in focus included “Delhi mein chote chote Pakistan bane” (“Delhi will become mini-Pakistan”) and “Shaheen Bagh mein Pak ki entry” (“Shaheen Bagh will serve as an entry for Pakistan”)

Mishra, who has often been in the news for his controversial remarks, approached the Delhi High Court challenging the trial court’s ruling. However, his plea for an immediate stay was rejected, signalling a legal setback for the politician.

The conviction and subsequent court proceedings have sent shockwaves through political circles.

Legal experts believe that this conviction could significantly impact Mishra’s political career. “A conviction on charges related to communal disharmony is a serious matter. If upheld, it may not only affect his political standing but could also set a precedent for accountability in hate speech cases,” said Supreme Court advocate Anil Kumar.

Another senior lawyer Ramesh Verma said the issue case highlights the judiciary’s role in curbing inflammatory rhetoric. “It is crucial to uphold the rule of law and ensure political leaders do not exploit communal sentiments for electoral gains,” he said.

Meanwhile, AAP leaders have criticised Mishra, citing the court’s verdict as proof of the BJP leader’s divisive politics. “This judgment reaffirms that hate speech has no place in a democratic society. It is high time leaders are held responsible for their words,” said an AAP spokesperson.

On the other hand, the BJP has come to Mishra’s defence, terming the case a “politically motivated” attack. “We will fight this battle legally and politically,” said a senior BJP leader.

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