Delhi Riots | Court Says Police Failed to Probe Kapil Mishra or Covered Up Allegations

A Delhi Court has directed a man to approach the relevant MP/MLA Court to seek the registration of an FIR against BJP leader Kapil Mishra in connection with the 2020 North-East Delhi riots case.

Judicial Magistrate First Class Udbhav Kumar Jain of Karkardooma Courts issued the directive to the complainant, Mohd. Wasim, emphasizing that since Mishra is a former MLA, the appropriate forum for such proceedings is the MP/MLA Court. In his order, the Magistrate noted that the Investigating Officer (IO) appeared more focused on protecting police officials rather than conducting a thorough investigation. He remarked, “It seems that the IO was more concerned about the police officials and either failed to make an inquiry against the alleged accused No. 3 (Kapil Mishra) or attempted to cover up the allegations against him. The ATR (Action Taken Report) is completely silent on his role”.

In his complaint Mohd. Wasim alleged that he was among a group of men who were forced by police officers to sing the national anthem and ‘Vande Mataram’ during the 2020 North-East Delhi riots.

The incident is linked to a widely circulated video on social media that purportedly showed several men being physically assaulted by the police while being compelled to sing the national anthem. The disturbing footage sparked outrage and raised concerns over police brutality during the riots.

A significant development in the case occurred in August last year when the Delhi High Court transferred the investigation into the death of 23-year-old Faizan to the Central Bureau of Investigation (CBI). Faizan, who was part of the group seen in the viral video, allegedly succumbed to injuries sustained due to custodial torture at the Jyoti Nagar police station. His death further intensified demands for accountability and justice in cases of alleged police excesses during the riots.

The Allegations in Detail:

In his complaint, Mohd. Wasim alleged that on February 24, 2020, during the North-East Delhi riots, he identified BJP leader Kapil Mishra allegedly leading an unlawful assembly and firing gunshots at protestors.

Fearing for his safety, Wasim attempted to escape but was caught by a policeman who began beating him. He further alleged that Delhi Police personnel were actively supporting Mishra and his associates. According to Wasim, four policemen picked him up and threw him into an area where other injured individuals were already lying. The policemen then allegedly continued the assault, forcing them to sing the national anthem and chant slogans like Jai Shri Ram and Vande Mataram.

Wasim claimed that all the injured men were eventually loaded into the vehicle of the Station House Officer (SHO) and transported to GTB Hospital. Later, he and another individual were taken to Jyoti Nagar police station, where Faizan—who later succumbed to injuries allegedly sustained due to custodial torture—was also brought in.

As per the complaint, the SHO later entered the lockup and began kicking the detainees. Wasim was released after half an hour, handed over to his father. However, two days later, he was called back to the police station, where officers allegedly pressured him to spread a false narrative that the SHO had saved his life and that the police had not mistreated them.

In July 2020, Wasim formally lodged a complaint seeking the registration of an FIR against the accused individuals. However, after no action was taken, he approached the Court, requesting an investigation into the matter.

In response, the Delhi Police, in their Action Taken Report (ATR), dismissed Wasim’s allegations as baseless and incorrect, asserting that no police personnel had assaulted him during his time at the station.

Observation of the Court:

The Court noted that the Delhi Police's Action Taken Report was completely silent regarding Kapil Mishra. The judge observed that the Investigating Officer (IO) either failed to investigate Mishra or attempted to cover up the allegations against him. Emphasizing the responsibility of public figures, the Court stated that individuals in the public eye influence societal discourse and must act within the framework of the Constitution. It further remarked that inflammatory remarks affecting communal harmony are undemocratic and unacceptable in a secular nation. The Court highlighted that while freedom of expression is a fundamental right, it comes with a duty to uphold communal harmony. It cited Section 153A IPC, stressing the importance of preserving religious harmony as a core principle of secularism.

The plea was disposed of with a directive to register an FIR against the SHO under Sections 295A (outraging religious feelings), 323 (voluntarily causing hurt), 342 (wrongful confinement), and 506 (criminal intimidation) of the IPC.