The Delhi High Court has refused to stay the trial proceedings against Bharatiya Janata Party (BJP) leader Kapil Mishra in connection with an electoral malpractice case arising from allegations that he made communal remarks to influence voters during the 2020 Delhi assembly elections.
Mishra has been charged under Section 125 of the Representation of People Act, 1951, which prohibits actions that promote enmity between different communities for electoral gain. The case is based on statements he allegedly made on his social media platform, X (formerly Twitter), where he warned that “Delhi will become mini-Pakistan” and claimed that “Shaheen Bagh will serve as an entry for Pakistan.” These remarks, made during the peak of protests against the Citizenship (Amendment) Act (CAA), sparked controversy and were widely criticized for inflaming communal tensions.
Trial Proceedings Continue Despite Mishra’s Plea
The Additional Chief Metropolitan Magistrate had summoned Mishra in June 2024, following a prima facie finding that his statements had the potential to promote disharmony. Mishra subsequently filed a revision petition challenging the summons, but on March 7, 2025, Special Judge Jitendra Singh of Rouse Avenue Courts rejected his plea, affirming that the case warranted trial.
Mishra then approached the Delhi High Court seeking relief. However, during the hearing on Tuesday, Justice Ravindra Dudeja declined to stay the trial proceedings, instead directing the State to respond to Mishra’s plea while allowing the lower court to continue its deliberations.
The High Court noted that Mishra could still be discharged at the charge-framing stage and emphasized that allowing the trial to proceed would not cause him any undue prejudice. “There is no need to stay the trial. The continuation of the proceedings does not cause any harm. There is always the possibility that you may be discharged at the stage of framing of charge,” Justice Dudeja stated.
Defense Arguments and Court Observations
Senior Advocate Mahesh Jethmalani, representing Mishra, contended that the trial court had erred in taking cognizance of the case, arguing that the alleged offense was non-cognizable and should have required prior judicial approval. He also maintained that Mishra’s remarks were not intended to incite enmity but were instead meant as political commentary on the protests occurring at the time.
Despite Jethmalani’s plea for a temporary stay on the trial court proceedings, the High Court remained firm in its stance, making it clear that the trial would move forward without interruption. The Court did, however, state that while considering the case for framing charges, the trial court should independently evaluate all submissions made by both parties.
Lower Court’s Prima Facie Findings
Earlier, Special Judge Jitendra Singh had observed that Mishra’s statements appeared to be a calculated attempt to stoke communal sentiments for political advantage. The judge noted that Mishra’s use of the word “Pakistan” was a deliberate choice, suggesting an intent to exploit religious divisions for electoral gains. The court further criticized the broader trend of using divisive rhetoric in political campaigns to mobilize voters along religious lines.
Next Steps
With the High Court’s refusal to halt proceedings, the trial against Mishra will continue as scheduled. The matter is set to come up for further hearing on May 19, when the trial court will determine the next course of action regarding the framing of charges.
