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This is an archive article published on March 18, 2025

Delhi HC refuses to stay trial court proceedings against BJP leader Kapil Mishra in 2020 ‘communal remarks’ case

A sessions court had dismissed Kapil Mishra's revision petition challenging the summons issued to him in the 2020 case.

Senior counsel Mahesh Jethmalani requested the high court to stay the trial court proceedings from framing charges against Mishra.BJP leader Kapil Mishra. (File Photo)

The Delhi High Court Tuesday refused a request by BJP leader and Delhi Law Minister Kapil Mishra to stay the trial proceedings against him in a 2020 case accusing him of promoting communal enmity.

Mishra is challenging the dismissal of a revision petition in the case before a sessions court. Mishra’s revision petition had challenged the summons issued to him in the 2020 case lodged against him under Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act.

Mishra has been accused of making objectionable statements in the electronic media in 2020 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 pertained to a tweet by Mishra that there will be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, the day of the Delhi Assembly elections in 2020.

Senior counsel Mahesh Jethmalani requested the high court to stay the trial court proceedings from framing charges against Mishra. Justice Ravinder Dudeja recorded in the order that the court “does not feel the necessity to stay the proceedings of trial court”, and made it clear that the “trial court is at liberty to proceed further”.

While Jethmalani vehemently pressed for a stay, even arguing that Mishra’s “reputation will be damaged if charges are framed”, while seeking a deferment in the framing of the charges till the high court disposes of his petition, Justice Dudeja refused to accede to the request.

Justice Dudeja orally remarked, “…Otherwise you’ll go before trial court and say matter is subjudice before the high court and seek adjournment…even if trial court frames the charge, this (petition before the high court) will not become infructuous. Let the proceedings continue… If you get a favourable finding (before the trial court), all proceedings will go… You will not be prejudiced with continuation of the trial… No need to stay the trial.”

Jethmalani argued that Mishra’s remarks were “an appeal on nationalistic grounds” and “should not be confused with religious grounds”. “I can say if a particular action is not supported, is anti-national, not in national interest. He has not referred to any religious community,” Jethmalani claimed.

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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