The Delhi High Court has refused to stay the trial proceedings against Delhi Law Minister Kapil Mishra over his alleged provocative remarks made ahead of the 2020 Delhi Assembly Elections. The bench, led by Justice Ravinder Dudeja, dismissed the request by senior advocate Jethmalani to halt the trial, stating that the continuation of proceedings would not cause any prejudice to Mishra. The court further noted that the matter is scheduled for its next hearing on May 19, 2025.

Delhi HC Rejects Plea to Stay Trial

Kapil Mishra had moved the Delhi High Court seeking a stay on the trial linked to his 2020 election remarks. However, the court ruled that there was no ground to halt the proceedings. Justice Ravinder Dudeja’s bench observed that Mishra could be discharged at the stage of trial, and thus, halting the trial was unnecessary at this juncture.

“There is a possibility that you may be discharged at the stage of the trial. There is no need to stay the trial. The continuation of the trial does not cause any prejudice,” the bench remarked while addressing senior advocate Jethmalani, who represented Mishra.

The court also pointed out that even if the trial court decides to frame charges, the proceedings would not become infructuous, thereby dismissing any need for an immediate halt.

Allegations Against Kapil Mishra

Mishra has been facing legal scrutiny for his alleged provocative statements made on January 23, 2020, just ahead of the Delhi Assembly Elections. Mishra, through his X (formerly Twitter) handle, allegedly claimed that the 2020 elections would be an "India vs Pakistan" contest on the streets of Delhi on February 8, the day of the polling.

Following his remarks, a complaint was filed by the returning officer, and the matter gained widespread attention due to the sensitive nature of his comments. The court had earlier noted that Mishra’s remarks appeared to be a "brazen attempt to promote enmity on religious grounds" by indirectly referring to a neighboring country often linked to a particular community.

Court’s Observations on Trial Continuation

During the hearing, the court made it clear that the continuation of the trial would not prejudice Kapil Mishra in any way. The bench stressed that even if charges are framed, the trial court would consider the matter based on independent submissions and would not be influenced by any prior observations.

“There is no need to stay the trial. Consideration of charge is totally different. Some material has been found, which is why a notice has been issued in this case,” the court clarified.

Court Issues Notice in Mishra’s Appeal

While refusing to stay the trial, the Delhi HC has issued a notice in Mishra’s appeal challenging the March 7 order, which had earlier refused to dismiss the summons in the case. The court directed that the trial court should not be influenced by the observations made by the special judge and should instead consider the matter based on independent submissions during the stage of framing charges.

Political Fallout and Public Reactions

Kapil Mishra, a BJP leader and now the Law Minister of Delhi, had sparked widespread controversy with his 2020 remarks, which were seen as communal and provocative. His statements led to allegations that they incited violence and created an atmosphere of division during a highly polarised election period.

Aam Aadmi Party (AAP), which secured a landslide victory in the 2020 Delhi Assembly Elections, had strongly condemned Mishra’s remarks, calling them an attempt to polarise the electorate.

Possibility of Discharge and Legal Defense

Despite the ongoing proceedings, the court’s remarks indicate that Mishra could still be discharged at a later stage if the trial does not find enough material to substantiate the charges. The court highlighted that continuing the trial at this stage does not imply guilt or conviction and that Mishra’s legal defense remains intact.

Next Hearing Scheduled for May 19

The matter will now be heard next on May 19, 2025, when the court will further deliberate on the charges and the validity of the accusations. Until then, the trial court proceedings will continue as directed by the Delhi High Court.

Mishra’s Political Journey and Controversies

Kapil Mishra, once a member of AAP and a close aide to Arvind Kejriwal, switched allegiance to the BJP after his fallout with AAP leadership. Since then, Mishra has been a vocal critic of the Delhi government and has been involved in several controversial incidents, including the 2020 election remarks that have now led to this ongoing legal battle.

Court Emphasizes Independent Evaluation

The Delhi High Court emphasized that during the stage of framing charges, the trial court should consider the matter independently and not be influenced by any earlier observations or media interpretations.

“It is made clear that while considering the case of framing of charge, the trial court would consider the independent submissions made by the party,” the court remarked.

Conclusion: Legal Battle Continues

With the Delhi HC refusing to stay the trial, Kapil Mishra’s legal battle continues as the trial court proceedings move forward. The court’s decision highlights the importance of due process and underscores that continuation of proceedings does not necessarily prejudice the accused. As the next hearing is set for May 19, 2025, all eyes remain on how the case unfolds and whether Mishra’s defense manages to secure relief or faces further legal challenges.

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