In a significant development, the Delhi High Court on Tuesday declined to stay the trial court proceedings involving city Law Minister Kapil Mishra. The minister faces allegations of making objectionable statements and violating the model code of conduct during the 2020 Delhi Assembly elections.
Presiding over the case, Justice Ravinder Dudeja also issued a notice to Delhi Police following a plea by Mishra, a BJP leader, challenging a previous sessions court decision. The sessions court had earlier dismissed his appeal against the summons issued by a magisterial court.
“There is no need to stay the trial court proceedings. There is no stoppage of proceedings. This court does not feel it (is) necessary to stay the proceedings. The trial court is at liberty to proceed further with the matter,” Justice Dudeja remarked, setting a tone of judicial firmness in the ongoing legal battle.
The High Court has scheduled the next hearing for May 19, while the trial court is expected to conduct its proceedings on March 20.
The controversy stems from a series of posts made by Mishra on social media on January 23, 2020, using his X handle, formerly known as Twitter. These posts were made in the lead-up to the state elections and were deemed objectionable by election authorities. A formal complaint was lodged by the returning officer, leading to an FIR under Section 125 of the Representation of the People Act, which addresses promoting enmity between different groups in the context of an election.
In its March 7 order, the sessions court concurred with the magisterial court’s judgment, affirming that the complaint was adequate for taking cognizance of the alleged electoral offense.
