In a significant development amid political pressure and allegations of cover-ups, a Delhi court on April 1, 2025, directed further investigation against BJP leader and Delhi Law Minister, Kapil Mishra over his alleged involvement in the 2020 North-East Delhi riots. The ruling marks a crucial first step in addressing long-standing allegations of incitement and complicity in the violence.
Additional Chief Judicial Magistrate Vaibhav Chaurasia of the Rouse Avenue Courts orally remarked, “this means FIR,” indicating that the court’s directive for further investigation effectively necessitates the registration of a First Information Report against Mishra. The judge observed that a cognizable offence had been established concerning one of the incidents detailed in the complaint, warranting deeper scrutiny.
The court stated that the evidence presented by the prosecution clearly placed Mishra at the scene and that “all the things were corroborating.” It further noted that Mishra, during interrogation, admitted to being in the area and acknowledged that people had gathered around him, many of whom he knew. This admission, the court stated, “fortifies the allegations of the complainant.”
Significantly, the court pointed out that Mishra’s statement was not framed in terms of support for or opposition to the Citizenship Amendment Act (CAA) but rather in explicitly communal terms. The court noted that Mishra “had not framed his statement under ‘Pro-CAA or Anti-CAA’ but rather ‘DUSRI TARAF MUSLIM’ with the distinction of us and them, wherein them is ‘DUSRI TARAF MUSLIM.’” The judge remarked that such rhetoric “clearly establishes sides and requires investigation to unearth the truth.”
As per a report in LiveLaw, the court further observed that Mishra’s presence in North-East Delhi a day before the riots, which he himself admitted, could not be ignored. Additionally, it directed that senior police officer DCP Ved Prakash Surya be examined, following allegations by the complainant that Surya had threatened protesters, saying, “If you did not stop this protest, then consequence will happen here that you will be killed.” The judge stressed that “his personal interrogation is necessary,” adding, “The series of events reveals that perhaps, if allegations of complainant are found to be true, then DCP Ved Prakash Surya knows something which this Judiciary does not.”
At the same time, the court stated that if the complainant’s allegations were proven false, the Delhi Police would be at liberty to take action under Section 182 of the IPC for filing false information. It also directed the DCP of North-East Delhi to ensure that the order for further investigation was sent to the appropriate police station within its jurisdiction. Failure to comply, the court warned, would hold the DCP legally accountable.
The Delhi Police has been ordered to file a compliance report by April 16, 2025, the next date of hearing. Petitioner Mohammad Ilyas was represented by Advocate Mehmood Pracha, while Special Public Prosecutor Amit Prasad appeared for the Delhi Police.
This directive represents a major step towards accountability in the 2020 Delhi riots case, even if it is beginning 5 years down the lane. Despite the political climate and prior reluctance to act against influential figures, the court’s insistence on further investigation highlights the need for an impartial and thorough probe into the events leading to the communal violence.
Details of the complaint against Delhi Law Minister Kapil Mishra
A Delhi court was hearing a complaint filed by Mohammad Ilyas, seeking an investigation into the alleged role of BJP leader and Delhi Minister Kapil Mishra in the 2020 North-East Delhi riots. The plea, however, was met with strong opposition from the Delhi Police, who argued that Mishra was being falsely implicated as part of a “well-planned conspiracy.”
The complainant, Mohammad Ilyas, sought the registration of an FIR against Mishra, along with then SHO of Dayalpur police station and five other individuals, including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad.
According to Ilyas, on February 23, 2020, he personally witnessed Mishra and his associates blocking a road and destroying the handcarts of street vendors. He also alleged that the then Deputy Commissioner of Police (North-East) and other officers were present alongside Mishra as he issued warnings to anti-CAA protesters, demanding they vacate the area or face dire consequences.
Ilyas had moved the court in December 2024, urging an inquiry into the roles of Mishra and six others in the riots, which resulted in 53 deaths and over 700 injuries. In March 2025, the Delhi Police reiterated their stance, arguing that Mishra’s role had already been investigated and “nothing incarcerating” had been found.
In his petition, Ilyas specifically named Mishra, Mustafabad MLA and Deputy Speaker Mohan Singh Bisht, the then DCP (North-East), the then SHO of Dayalpur police station, and former BJP legislator Jagdish Pradhan, holding them responsible for inciting the riots. As reported by The Hindu, Ilyas stated that he saw Mishra and his associates obstructing a road in Kardampuri and damaging street vendors’ stalls. Additionally, he alleged that the former North-East DCP and several police officers stood by as Mishra issued threats to anti-CAA demonstrators.
Ilyas also accused the former Dayalpur SHO and others of vandalising mosques across North-East Delhi, further intensifying concerns over the role of law enforcement in the communal violence.
Delhi Police opposes plea seeking FIR
On March 6, 2025, the Delhi Police filed a written submission before a Delhi court, opposing a plea that sought the registration of an FIR against BJP leader and Delhi Minister Kapil Mishra for his alleged involvement in the 2020 North-East Delhi riots.
The police contended that the complaint, filed by Mohammad Ilyas, was part of a “well-planned conspiracy” to falsely implicate Mishra in the riots. They asserted that the BJP leader had no role in the violence and was being deliberately framed.
As part of their argument, the prosecution referred to conversations from various WhatsApp groups, including the Delhi Protest Support Group (DPSG), alleging that certain individuals had orchestrated a social media campaign against Mishra. The police claimed that the hashtag #ArrestKapilMishra was being used strategically to construct a misleading narrative around his involvement in the riots.
Additionally, the Delhi Police maintained that Mishra’s alleged role had already been investigated and that no incriminating evidence was found against him. In an earlier submission from October 2024, the police argued that the riots were the outcome of a “pre-planned conspiracy” designed to incite violence in Muslim-majority areas, particularly around mosques and religious sites. The goal, they claimed, was to escalate “protests” into “Chakkajaam” (road blockades) once a critical mass of demonstrators had gathered.
The police further stated that misleading WhatsApp messages were circulated at the time, falsely alleging that a mob led by Mishra had initiated the violence. They insisted that these claims were part of an attempt to create a false narrative and implicate him in the riots.
Opposition demands resignation of Kapil Mishra following court’s order
The Aam Aadmi Party (AAP) and the Congress on April 1, 2025, demanded the resignation of Delhi Law Minister Kapil Mishra after a city court directed the registration of an FIR to investigate his alleged role in the 2020 North-East Delhi riots.
Addressing a press conference, Delhi AAP president Saurabh Bharadwaj stated that sufficient evidence of Mishra’s involvement was already in the public domain and called for his immediate arrest. “Mishra should resign and be arrested, as the court has ordered an FIR to probe his role in the riots. For the sake of morality, he should step down, just as others accused in the case have been arrested,” Bharadwaj asserted.
As per the report of Times of India, Bharadwaj further criticised the delay in legal proceedings, pointing out that it took over five years for the judicial system to act on the case. Bharadwaj also alleged that a judge who had previously directed the police to take action in the case was transferred to another state.
AAP’s chief spokesperson Priyanka Kakkar echoed the demand, questioning why Mishra was being treated differently from others accused in the riots. “Every other accused in the Delhi riots case has been arrested. Why is Kapil Mishra an exception?” she asked.
Delhi Congress president Devender Yadav also called for Mishra’s resignation, citing the court’s findings. “The Rouse Avenue court has established that there is a cognisable offence against him. This is a serious matter, and if there is any sense of morality left, he should resign immediately to allow for a fair and independent investigation,” Yadav said.
Delhi riots case and Mishra’s incendiary speech
The 2020 North-East Delhi riots: The 2020 Delhi riots, which took place between 24 and 26 February, led to significant violence in North-East Delhi, resulting in 53 deaths, over 500 injuries, and extensive property damage. Ironically, while a majority of those killed and harmed were Muslims, most of those who have been arrested for their role during the riots are also Muslims. Several student leaders and activists, including Umar Khalid, Gulfisha Fatima, and Sharjeel Imam, were accused by the police of conspiring to incite the riots. These remain in jail, with the trial yet to begin. However, a fact-finding team formed by the Delhi Minorities Commission concluded that the violence was “planned and targeted” and held BJP leader Kapil Mishra responsible for triggering it.
Mishra’s alleged role in inciting violence: Delhi Cabinet Minister and BJP leader Kapil Mishra is accused of provoking violence through a speech delivered at Maujpur Chowk on February 23, 2020. In his speech, he issued an ultimatum, demanding that the police clear anti-CAA protest sites within three days or risk intervention by his supporters.
The fact-finding report had noted that “violence started in different pockets almost immediately after the short speech of Shri Kapil Mishra on 23 February, 2020, at Maujpur, in which he openly called for forcefully removing the protestors at Jafrabad in North-East Delhi.” It further highlighted Mishra’s explicit warning: “After that, we will not listen to the police if roads are not cleared after three days…”
The committee criticised the Delhi Police for failing to act against Mishra, despite senior officer DCP Ved Prakash Surya standing beside him during the speech. The report stated that “the open admission of ‘not listening’ to the police and extra-legal tactics should have been seen by the authorities as inciting violence.” The committee concluded that by not apprehending Mishra, the police “failed to take the first and most immediate preventive step needed to avoid violence and protect life and property.”
Legal challenges against Mishra and other political leaders: Multiple legal petitions have been filed seeking an FIR against Kapil Mishra for inciting violence. Human rights defender Harsh Mander had petitioned for an FIR against Mishra under Section 153 of the IPC (provocation for riot) and Section 125 of the Representation of People’s Act (causing ill will between communities for electoral purposes). These sections do not require prior government sanction.
Similarly, CPI (M) leader Brinda Karat has been pursuing legal action against politicians whose speeches allegedly incited violence against anti-CAA-NRC-NPR protestors. She approached the Delhi High Court after her plea to register an FIR against Union Minister Anurag Thakur and BJP MP Pravesh Verma for their alleged hate speeches was dismissed by a trial court on technical grounds. The trial court had ruled that a prior sanction from the central government was required before proceeding. Karat challenged this ruling, arguing that such procedural objections should be addressed early to prevent unnecessary delays in cases involving hate speech. (Details may be read here.)
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