Daijiworld Media Network - New Delhi

New Delhi, Nov 10: A Delhi Special Court on Monday nullified a trial court’s order directing “further investigation” into the alleged involvement of Delhi Minister Kapil Mishra in the 2020 North-East Delhi riots.

Special Judge Vinay Singh of the Rouse Avenue Courts ruled that the Additional Chief Judicial Magistrate (ACJM) had committed a “serious jurisdictional error” while considering a complaint lodged by Mohammad Ilyas of Yamuna Vihar. The complaint implicated Mishra, along with Mustafabad MLA and Delhi Assembly Deputy Speaker Mohan Singh Bisht, and former BJP MLA Jagdish Pradhan, in instigating the violence.

The Special Court’s order stated that the ACJM “exceeded its mandate” and acted beyond the scope of Section 175(3) of the BNSS. Instead of focusing solely on whether the initial incident had been investigated, the ACJM delved into matters already under trial in a higher court, making observations on the Special Cell’s ongoing conspiracy probe.

Judge Singh described the ACJM’s remarks on the investigation as “unwarranted, speculative, and prejudicial,” and noted a conflation between the concepts of re-investigation and further investigation. The ACJM had criticized the Special Cell’s handling of Kapil Mishra’s questioning and concluded he bore no responsibility for triggering the violence, rendering the order legally untenable.

On examining the complaint itself, the court found that it failed to clearly allege a cognizable offence. The ACJM had inferred a crime based on analogies and interpretations of Mishra’s testimony in a separate conspiracy case, which the Special Court said was insufficient to sustain further investigation.

Allowing revision petitions filed by the Delhi Police and Kapil Mishra, the Special Judge set aside the ACJM’s directions, declaring them “illegal, without jurisdiction, and unsustainable in law.”