Despite Kapil Mishra being caught on camera inciting Hindus against Muslims and the petitioner Mohammad Ilyas testifying that he had witnessed the BJP leader participating in the violence, the Delhi Police have alleged a conspiracy to falsely implicate him in the February 2020 communal riots that claimed 53 lives and left hundreds injured.
The police, in a written submission to Additional Chief Judicial Magistrate Vaibhav Chaurasia at the Rouse Avenue Courts, opposed a petition filed by Ilyas, who had sought the registration of a first information report against Mishra for his alleged involvement in the violence.
The police asserted that Mishra had no role in the riots, as his actions had already been investigated and nothing incriminating had been found against him. The court has reserved its order for March 24, when it will determine whether a case should be registered against Mishra and others.
The communal clashes, which broke out in North East Delhi in February 2020 between supporters and opponents of the Citizenship Amendment Act, saw allegations against Mishra gaining traction, particularly due to a viral video where he was seen addressing a gathering, urging Hindus to take action against Muslim protestors.
Ilyas, in his petition, claimed that on February 23, 2020, he had seen Mishra and his associates blocking a road and destroying street vendors’ carts while police personnel stood by and instructed protestors to vacate the area or face consequences. However, the police, in their submission, contended that a group of individuals was attempting to frame Mishra using social media to build a narrative against him.
The police further argued that the violence was not spontaneous but part of a larger conspiracy orchestrated by those who had organised protests against the controversial citizenship law, allegedly to defame the Narendra Modi-led government. The authorities also pointed to WhatsApp groups, including the ‘Delhi Protest Support Group’, claiming that these platforms were used to spread propaganda against Mishra.
Despite the Delhi Police’s stance, multiple petitions have been filed in courts demanding action against Mishra, with at least six applications in 2020 urging magistrates to order the registration of FIRs against him.
The complainants, many of whom accused the police of complicity, alleged that when they attempted to file cases against Mishra and other BJP leaders, the authorities refused to take action. A fact-finding committee of the Delhi Minorities Commission had also attributed the riots to inflammatory speeches made by BJP leaders, including Mishra, and had recommended legal proceedings against them.