Delhi High Court permits trial against Minister Kapil Mishra

The Delhi High Court has decided that a case against Delhi Law Minister Kapil Mishra can continue. This case involves tweets he made during the 2020 assembly elections that are considered objectionable. Mishra had asked the court to stop the legal proceedings, but his request was denied. Justice Ravinder Dudeja stated that there is no need to pause the trial. He emphasized that the trial court can proceed with the case. The police have four weeks to respond to Mishra's legal challenge. The next hearing is set for May 19. Mishra's tweets were posted on January 23, 2020, and a complaint was filed against him by the returning officer. This led to a police investigation. A lower court agreed that the complaint was serious enough to warrant legal action under the law against promoting enmity during elections. Mishra's lawyer, Mahesh Jethmalani, argued that the tweets did not reference any specific communities, which is required for the offense he is accused of. He claimed that his client’s statements were directed at those disrupting the peace, rather than promoting hatred. The prosecutor from the Delhi Police countered that the tweets aimed to create divisions between religious groups. The courts had previously found that Mishra's comments could provoke communal tension. Despite the defense's arguments, the high court ruled that the trial could continue. It also made clear that the trial court should assess the case independently, without being influenced by earlier court opinions about the merits of the case.