Delhi HC defers trial against Kapil Mishra in 2020 ‘Mini Pakistan’ comments case

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The Delhi High Court on Thursday requested a trial court to defer hearing in a case involving Delhi Law Minister Kapil Mishra in a 2020 FIR over his tweets, which allegedly accused AAP and Congress of creating a ‘Mini Pakistan’ in Shaheen Bagh during protests against National Register of Citizens (NRC) and Citizenship (Amendment) Act (CAA) .With the trial court due to hear arguments on framing of charges on Friday, Justice Ravinder Dudeja requested the court “to defer the hearing on charge to a date subsequent to the date fixed by this court”. The HC will now hear Mishra’s plea next on October 13.In a plea filed before HC earlier, Mishra had challenged summons issued to him by a magistrate court in connection to the 2020 case lodged against him under Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act. Now, he has included an application in the plea, seeking a stay on the trial on the ground that certain documents provided by the prosecution “were incomprehensible”.In 2020, Mishra has been accused of making objectionable statements in the electronic media like “Delhi mein chhote chhote Pakistan bane (there are mini-Pakistans in Delhi)” and “Shaheen Bagh mein Pak ki entry (Pakistan has entered Shaheen Bagh)”. The case also pertains to his tweet where he had said that there will be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, the day of Delhi elections in 2020.In March, Mishra had made a similar request to stay trial proceedings against him in the 2020 case until HC hears the challenge to the summons issued to him, on the ground that his “reputation will be damaged if charges are framed”. Justice Dudeja at the time had refused to grant a stay and clarified that the “trial court is at liberty to proceed further”.The police had filed a second supplementary chargesheet in the case on July 5 and a third supplementary chargesheet on August 1 before the trial court, submitting that the probe is complete.Fresh evidence mentioned in the chargesheet included information on Mishra’s X account, which the police had sought from the social media platform. According to the chargesheet, X had given access to Mishra’s account with a single URL for downloading and retrieving the files. The police attached the downloaded files with the supplementary chargesheet.Story continues below this adHowever, with Mishra maintaining that such files are “incomprehensible”, the court, while deferring the trial, recorded, “It has been submitted that since the documents are incomprehensible, the prosecution, before the hearing of arguments on charge, must provide interpreted documents to the petitioner (Mishra), failing which, the trial may get vitiated.”Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Kapil Mishra