Court raps Delhi police over inadequate probe in MCC violation case against law Minister Kapil Mishra
New Delhi [India], May 27 (ANI): The Rouse Avenue court on Monday criticised Delhi police for inadequate investigation in a matter related to a Model Code of Conduct (MCC) violation against Law Minister Kapil Mishra. This case relates to an objectionable tweet that Mishra posted.
The court expressed its serious displeasure over the inadequate investigation in obtaining a report of X (Twitter)
Additional Chief Judicial Magistrate (ACJM) Vaibhav Mishra rapped the Delhi Police and directed them to send the order sheets for the commissioner of Delhi Police's perusal.
' Out of the ten dates afore-mentioned, this Court is appending only order-sheets of 20.03.2025 and 08.04.2025 and the order-sheet dated 04.03.2024, wherein the directions for the further investigation were laid down by my Learned Predecessor, for the kind perusal of Worthy Commissioner of Police, Delhi Police and Worthy Joint Commissioner, Northern Range, for that will suffice,' ACJM Vaibhav Chaurasia ordered on May 26.
During the hearing, the court noted, ' No one is present on behalf of the Investigating Agency to follow up the directions of further investigation and before any stringent remarks could be made upon the casual attitude of the Investigating Agency qua the directions of this Court, this Court is constrained to bring it to the notice of Worthy Commissioner of Police, Delhi Police concerning the state of affairs and non-adequate explanation on the part of the Investigating Agency.'
The court pointed out that on 20.03.2024, investigation qua para 9(d) was brought to the attention of the Worthy DCP, North West and a copy of the order sheet was also sent to the Joint Commissioner, Northern Range.
The court added that on the last hearing date, April 8, assurance was revealed via the DCP's report that efforts were being made to obtain a report from Twitter, now X.
Earlier on April 3, the court had directed for further investigation and in particular, during the course of arguments, emphasis has been laid on the adequacy of the investigation.
Meanwhile on Monday the court said that it is impressed upon the Investigating Agency to atleast procure the relevant material which must be the part of the charge-sheet wherein the reasonable time limit had already been granted, as has been directed by this Court, and in the present case, it is pending from March 20, 2024 which is almost a year.
'In the case the Delhi Police fails to investigate or there is any impediment, the same be reported to this Court,' the court said.
The court also sent a Copy of this order to the Joint Commissioner, Northern Range, to do what is necessary.
The court has listed the matter for further arguments on charge and status report from the Joint Commissioner, Northern Range, under his signature be filed on July 7.
On March 20, 2025, the court called for a Status report from DCP North West regarding procuring the material from X related to the tweet allegedly posted by the accused.
The Rouse Avenue court on March 7 dismissed the revision against the summons filed by Mishra. He had challenged the Cognisance and Summoning order of the trial court. An appeal is now pending before the High Court.
The trial court took cognisance of the charge sheet in 2020 for an alleged violation of the Model Code of Conduct.
It is alleged that Kapil Mishra had made a statement in January 2020 when the model code of conduct was in force.
' The word 'Pakistan' is very skillfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes,' the court had said while dismissing the revision.
The Special Judge had dismissed the revision petition and said, ' The Election Commission is under a constitutional obligation to prevent the candidates from indulging in vitriolic vituperation with impunity, vitiating and contaminating the atmosphere for free and fair election.
'Therefore, this court is in complete agreement with the Trial Court that the complaint filed by the Returning Officer, notification of the Election Commission and other documents were sufficient to take cognisance of the offence punishable under section 125 of the RP Act. Accordingly, the instant revision petition is dismissed,' the revision court ordered on March 7, 2025. (ANI)
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