Archive · 11 Nov 2025
Delhi Court Quashes Probe Against BJP Leader Kapil Mishra in 2020 Riots Case
A judge in Delhi had told the police to investigate a politician named Kapil Mishra about his possible part in riots that happened a few years ago.
This judge thought more checking was needed because he didn't agree with the police's earlier investigation.
However, Kapil Mishra and the police believed the magistrate judge went too far and didn't have the right to order another investigation, especially since a main case about the riots was already being handled by a different, higher court.
The higher court reviewed the magistrate's order and found it was wrong because it overstepped the magistrate's powers.
The court also pointed out that the initial complaint didn't clearly state a serious crime had been committed and that rules for investigating public officials weren't followed.
Because the original order was seen as legally flawed and improperly made, the higher court canceled it, meaning no new police investigation into Mishra will happen based on that specific order.
A Delhi sessions court has overturned a magistrate's order to investigate BJP leader Kapil Mishra's alleged role in the 2020 North-East Delhi riots.
The court cited jurisdictional overreach, finding the magistrate's order 'fundamentally flawed, illegal, and improper'.
The magistrate had criticized the Delhi Police's previous investigation and directed 'further investigation' based on a complaint alleging Mishra's involvement.
Both Mishra and Delhi Police had challenged the magistrate's order, arguing it was an overstep as a larger conspiracy case was already before a special court.
The sessions court also noted procedural issues, including the failure to follow guidelines for investigating public servants and the lack of clear disclosure of a cognizable offense in the complaint.
- Who
- A Delhi sessions court, presided over by Special Judge Dig Vinay Singh.
- What
- Quashed a magistrate's order that directed Delhi Police to conduct a fresh investigation into BJP leader Kapil Mishra's alleged role in the 2020 North-East Delhi riots.
- When
- Judgment pronounced on November 10 (referencing the article's date).
- Where
- Delhi.
- Why
- The sessions court ruled that the magistrate exceeded his jurisdiction, the order was legally flawed and unsustainable, procedural guidelines were not followed, and the complaint did not disclose a cognizable offense.
Complainant Mohammad Ilyas
Kapil Mishra and Delhi Police
Jurisdiction and Scope of Investigation
Complainant Mohammad Ilyas
The complainant alleged that the magistrate's court had jurisdiction to order a further investigation into Kapil Mishra's alleged role in the 2020 riots, as Mishra's remarks purportedly fueled the violence.
Kapil Mishra and Delhi Police
Kapil Mishra and the Delhi Police argued that the magistrate exceeded jurisdiction by ordering a further investigation, as a Special Court was already assigned to handle cases related to the Delhi riots. They contended that the magistrate's order was an overreach and that Mishra had already been investigated and cleared of incriminating evidence.
Magistrate's Order Legality and Procedure
Complainant Mohammad Ilyas
The complainant's application led to the magistrate's order for further investigation, implying a belief that the police's initial actions were insufficient.
Kapil Mishra and Delhi Police
The defense argued that the magistrate's order was legally flawed, citing procedural errors such as directing an investigation to a DCP instead of an SHO and making unwarranted remarks, effectively conducting a mini-trial and disregarding established guidelines. They also noted the complaint's lack of crucial details like the exact time and location of the alleged incident, and the absence of claims of 'violence' by Mishra.
Allegations and Evidence Against Kapil Mishra
Complainant Mohammad Ilyas
The complaint suggested that Kapil Mishra and his associates damaged street vendors' carts and that a DCP allegedly warned protesters to disperse or 'face consequences'.
Kapil Mishra and Delhi Police
Kapil Mishra and the Delhi Police asserted that investigations found no incriminating evidence against Mishra, and suggested a conspiracy to falsely implicate him. They highlighted that Mishra's name did not appear in any of the 751 FIRs related to the riots, and that evidence pointed to a premeditated conspiracy predating Mishra's presence in the area.
- Court
- Rouse Avenue Courts, Delhi Sessions Court
- Judge
- Special Judge Dig Vinay Singh
- Magistrate
- Additional Chief Judicial Magistrate (ACJM) Vaibhav Chaurasia
- Event
- 2020 North-East Delhi Riots
- Complainant
- Mohammad Ilyas
- Accused
- Kapil Mishra (BJP leader and Delhi Minister)
- Allegation
- Mishra allegedly blocked a road and damaged vendors' carts near a protest site on February 23, 2020.
- Magistrate's Order
- Ordered further investigation into Mishra's alleged role, criticizing police's conspiracy theory.
- Sessions Court's Decision
- Quashed the magistrate's order, citing jurisdictional error, procedural flaws, and lack of cognizable offense.
Sources
Delhi Court sets aside order to register FIR against Kapil Mishra in 2020 riot case
Big Relief For Kapil Misra As Court Quashes Order For Fresh Probe Against Him In Delhi Riots Case
Court sets aside order directing police to probe BJP leader Kapil Mishra’s role in 2020 Delhi riots
Delhi court sets aside order to file FIR against BJP leader Kapil Mishra in 2020 riots case
Delhi Court Orders Fresh Probe Into Kapil Mishra's Role In 2020 Delhi Riots
Court quashes order to probe Kapil Sharma regarding Delhi riots
