Delhi HC refuses to stay trial against Kapil Mishra over 2020 poll code violation

New Delhi: The Delhi High Court on Tuesday declined to stay trial court proceedings against Delhi Law Minister Kapil Mishra in a case related to alleged objectionable statements and violation of the model code of conduct during the 2020 Delhi Assembly elections.

Justice Ravinder Dudeja also sought a response from Delhi Police on Mishra’s plea challenging a sessions court order that upheld the summons issued against him by a magisterial court.

“There is no need to stay the trial court proceedings. This court does not find it necessary to intervene. The trial court is at liberty to proceed further with the matter,” the judge stated. The high court has scheduled the next hearing for May 19, while the trial court will hear the case on March 20.

Mishra allegedly posted objectionable statements on social media on January 23, 2020, from his then-Twitter account, now X, in connection with the election campaign. A complaint was subsequently filed against him by the returning officer, leading to the registration of an FIR.

In a March 7 order, the sessions court upheld the magisterial court’s decision, stating that the complaint by the returning officer was sufficient to take cognizance of the offence under Section 125 of the Representation of the People Act, which pertains to promoting enmity between classes in connection with elections.

With PTI inputs