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

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)”

kapil mishraKapil Mishra (NarendraModi on Youtube via PTI Photo)

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.

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However, 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.”

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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