2020 Delhi riots: Court grants time to respond to revisions by police, Kapil Mishra
Special judge Kaveri Baweja granted time to respondents Mohd Iliyas, Kapil Mishra, and others to file a reply on the petitions.
The court has also directed Delhi police to supply a copy of the charge sheet filed in the Delhi Riots larger conspiracy to the respondents.
The court has listed the matter on May 7 for arguments, and the interim stay is to continue till the next date.
Also Read | Probe Kapil Mishra's alleged role in 2020 riots, orders Delhi court
On April 9, the court issued notice on the revision petitions moved by Kapil Mishra. He has challenged the order passed by the magistrate court directing further investigation into the North Delhi riots of 2020.
The court had stayed the operation of the order passed by the trial court till the next date of hearing. The court had also called the trial court records.
Meanwhile, the sessions court has stayed the observation made by the Judicial Magistrate (First Class) in relation to the investigation of the Delhi police in the larger Conspiracy case.
During the hearing, Advocate Amit Prasad appeared for the Delhi police, Senior advocate Pavan Narang, along with Advocates Neeraj and Himanshu Sethi, appeared for MLA Mohan Singh Bisht, and Advocate Manya Hashija appeared for Kapil Mishra.
Also Read | 'Inflammatory remarks' case: Mishra moves HC
The magistrate court had passed an order for further investigation on the basis of material placed by the Delhi police and the application of one Mohd. Illiyas.
Applicant Mohd Illiyas had sought a direction for registration of an FIR against Kapil Mishra and others.
Senior advocate Pramod Dubey appeared for Kapil Mishra. He argued, "Can a further investigation without having an FIR? Where is the FIR? And there is no identification of the area of the police station."
"In the absence of a FIR direction, an FIR can not be given," Senior advocate Dubey argued.
Dubey also submitted that further investigation can be ordered during the pendency of the Final Report.
"There was no Charge sheet before the MP MLA Court. There should be pendency of charge sheet. For registration of an FIR, a complaint has to be filed before the police first, only after that, an application for registration of an FIR can be filed in the court. One ATR was filed when the matter was pending in the KKD court. Three ATRs were filed by the police. My client was interrogated by Delhi Police," it stated.
Special Public Prosecutor (SPP) Amit Prasad appeared for the Delhi police and raised the question of jurisdiction of the magistrate court, which passed the order under challenge.
He submitted that even this court could not pass this court as it does not have the jurisdiction to deal with an FIR which is already under consideration of a special court, and a charge sheet has been filed.
This application for registration of FIR was filed through Advocate Mehmood Pracha, who was part of the propaganda building team in 2020, and the SPP submitted it before the court. This complaint was given to all officers and even the prime minister. Emails were sent to the prime minister, the home minister, the DCP, and the Commissioner of police. It was not emailed to SHO. This email cannot be treated as the compliance with necessary requirements for registration of FIR, Prasad added.
"A Status report narrating the five incidents was filed by the police," the SPP for Delhi police said.
It was also argued that there was improvisation of the statement of the complainant. First, he said that the vehicles of Muslims and Dalits were stopped, and later on were allowed to go.
Later, the statement was changed to reflect that there was a Road block, damage to the cart of Muslims and Dalits at Kardam Puri road, SPP added.
There was no allegation of violation; the court below embellished the Complaint, the SPP submitted.
He further submitted that we informed the court that we have investigated the role of Kapil Mishra. Advocate Pracha was asked to argue, but he didn't; meanwhile, the roster was changed. We were again summoned and asked to place on record the material.
"We were directed to further investigate on the basis of material we provided in a matter which is before the special court," SPP submitted.
The court asked, "Had you ever investigated the allegations in the complaint before filing the charge sheet in the larger Conspiracy.
"Are there any other complaints alleging the road block by Kapil Mishra?" the judge questioned.
SPP submitted that there are multiple such complaints, but nothing incriminating was found.
He was asked during the recording of that statement whether he had ever visited the place of the incident. He replied that he lives in Yamuna Vihar, and a petrol pump was burnt near his colony, SPP said.
There are 751 FIRs, no FIR talks about damage of vehicles on the same date and time between 3 pm to 6 pm, it added.
It was further submitted by the SPP that he was called to assist the court in the matter of application under section 156(3) and was given direction under section 173( 8) for further investigation, it was not expected.
"I am going to face music every day due to this order," SPP added. All these cases are tried in KKD, you do not get the power to give observation on the police investigation in a case that is before the special court, he added.
He prayed that the observation of the trial court should be stayed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
5 hours ago
- Hindustan Times
Housing to all, Yamuna rejuvenation in Delhi CM's I-Day announcements
Chief minister Rekha Gupta on Friday pledged to provide houses for all slum dwellers, rejuvenate the river Yamuna, make the national capital's infrastructure the 'best in the country', and ensure progress in all sectors such as transport, education, water supply, housing and welfare. Delhi chief minister Rekha Gupta with Union ministers Nirmala Sitharaman, Ashwini Vaishnaw, Kiren Rijiju, Pralhad Joshi, and Gajendra Singh Shekhawat during the 79th Independence Day celebrations at Red Fort in New Delhi on Friday. (RAJ K RAJ /HT PHOTO) She was speaking at the Independence Day celebrations at Chhatrasal Stadium in north Delhi. After delivering her speech, Gupta walked to the ground, under rainfall, and greeted the contingents and groups of students. 'The government is committed to giving every slum dweller not just a home but also a safe life, a bright future for their children, and basic amenities, in line with Prime Minister Narendra Modi's the national capital, Delhi deserves the very best infrastructure and arrangements in every respect. Governments have come and gone for years, but now is the time to place Delhi among the finest cities in the country,' Gupta said. 'Yamuna was neglected for years, no action was taken to fix its pollution. I promise that we will restore the Yamuna to its full glory. Right from the first day, the government has dedicated itself to cleaning the Yamuna. The government has started a time-bound action plan such as installation of decentralised sewage treatment plants to clean the Yamuna,' she said. Every year, the Delhi government holds Independence Day celebrations at Chhatrasal Stadium where a ceremonial parade featuring contingents from the Delhi Police, Delhi Fire Service, and school students is held. Gupta referred to the recently passed education bill to check arbitrary fee hikes in private schools, saying, 'It will act as a guardian of parents' finances and prevent any form of economic exploitation.' The government has also increased rewards for sportspersons to encourage youth participation in sports. 'Until now, sports had not been given due attention in Delhi, but for the first time, the Delhi government has set awards and sports honours higher than those of any other state in the country. Players competing at the national level and in the Olympics will not only receive awards worth crores of rupees but also be assured of job security. Additionally, the Delhi government will establish anti-drug clubs, provide start-up support, and introduce other measures for the secure and prosperous future of the youth,' Gupta said. Highlighting achievements in healthcare, Gupta said that on her government's first day in office, the Ayushman Bharat Yojana was implemented in Delhi. 'In the field of healthcare, the government aims to set up 1,100 'Arogya Mandirs' (wellness centres), of which 166 have already been completed. In August, five major hospital expansion projects will be inaugurated, adding 1,300 new beds, modern OPDs, and advanced medical equipment. Furthermore, 28 hospitals have been assigned new medical superintendents, and 1,500 nurses have been given permanent appointments,' said Gupta. Gupta announced several welfare measures, including that the government will create a board for gig workers, provide housing for all slum dwellers, and establish crèches for working women. Gupta further flagged reforms made by the Bharatiya Janata Party (BJP) government to streamline licensing processes for ease of doing business, promising development across transport, sanitation, education, and infrastructure.
Time of India
13 hours ago
- Time of India
Mangolpuri tree felling: NGT holds Delhi Police accountable, orders compensatory plantation
New Delhi: National Green Tribunal (NGT) has directed Delhi Police to carry out and maintain compensatory plantation for the illegal felling of a peepal tree and unauthorised pruning of two neem trees in the Mangolpuri area. Police have also been instructed to ensure the survival of the saplings for at least five years. The order follows a complaint filed by a local resident, alleging tree damage during renovation work at the Mangolpuri police station complex, carried out through a private contractor. A bench headed by NGT chairperson Justice Prakash Shrivastava had earlier, in March 2024, directed Delhi Forest Department to inspect the site. In its affidavit filed in March 2025, the department confirmed violations under the Delhi Preservation of Trees Act (DPTA), 1994. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi | Gold Rates Today in Delhi | Silver Rates Today in Delhi "During inspection, it was observed that the offence of illegal pruning and felling had been committed without the required permission of the tree officer under the DPTA," the department stated, adding that a fine of Rs 1 lakh had been imposed and paid by the contractor involved. In its reply, Delhi Police asserted that the old police station complex in Mangolpuri was undergoing certain changes and thus remained vacant under the care of the caretaker. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like These 11 Everyday Foods Might Be the Key to Knee Pain Relief Undo . The reply further stated that the work order for changes and repair of the broken tin shed on the premises was given to a contractor, and the labourers of the contractor pruned the trees obstructing the repair work of the tin shed without obtaining any permission. The reply also reveals that the police issued an explanation notice to the caretaker, who failed to prevent unauthorised pruning of branches of the trees. The tribunal noted that 25 saplings of peepal and pilkhan trees have since been planted as part of compensatory afforestation. In its order dated Aug 14, the NGT stated: "We are of the opinion that the requisite action under the DPTA has been taken, and the compensatory plantation has been carried out. Police officials are directed to ensure the survival of the planted saplings for a period of five years." Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Happy Independence Day wishes , messages , and quotes !
Hindustan Times
18 hours ago
- Hindustan Times
Delhi Police files 4 FIRs over protests ‘without nod' against SC's stray dogs order
Four FIRs have reportedly been filed in connection with protests in multiple places against Supreme Court's recent order on stray dogs in the Delhi-NCR region. The Delhi Police has filed the cases saying dog lovers staged the protests without prior permission. Activists protesting against the SC's order outside the India Gate. (HT Photo)(HT_PRINT) The protests were staged on August 11 and 12 against the Supreme Court's order that directed the relocation of stray dogs from localities in Delhi, Noida, Ghaziabad, Gurugram and Faridabad, to shelter homes within eight weeks, asserting that no animal be released back to the streets. However, according to Delhi Police officials, the protestors did not abide by the prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), that were in place due to security arrangements ahead of Independence Day, , according to news agency ANI. Some clashes were reported at some sites as animal activists and dog lovers clashed with cops, who were trying to disperse them, officials said. "Those who refused to leave the protest sites despite repeated requests were detained. Legal action will be taken against all those found violating the law," said the Delhi police. Hundreds of people gathered at the India Gate to protest against the Supreme Court order on August 11, and a similar number gathered in the Connaught Place area a day later. While cops alleged that protestors did not cooperate, some protestors had alleged police brutality and said that a police officer could be seen slapping a protester in a video, the authenticity of which HT couldn't independently verify. A senior police officer had earlier said that protestors were asked to move to Jantar Mantar for the stir, alleging they did not have permission to congregate where they did. 'We gave them repeated warnings and even asked them to shift to Jantar Mantar, but they did not listen to us. They did not even seek permission for the protest. Since it was an illegal gathering, police had to remove them. While we were trying to put them in buses, men and women started fighting with our staff. Police staff had to use minimal force to control the protesters," the officer had said. Following the protests, pleas seeking a stay on the Supreme Court's stray dogs' relocation order was heard by the top court on Thursday. During the hearing, Solicitor General of India Tushar Mehta, backing the order and representing the Delhi government, argued, "In a democracy, there is a vocal majority and one who silently suffers. We had seen videos of people eating chicken, eggs, etc., and then claiming to be animal lovers. It was an issue to be resolved. Children were dying... Sterilisation did not stop rabies; even if you immunised them, that did not stop mutilation of children," the Solicitor General submitted. In contrast, the advocates representing the petitioners argued that there weren't enough shelter homes, making the implementation of the order difficult. A three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and NV Anjaria heard the arguments and has reserved an order. (With ANI inputs)
