HC refuses to stay proceedings against Delhi minister Kapil Mishra in 2020 poll code violation case

Delhi Law Minister Kapil Mishra

The Delhi High Court on Tuesday refused to stay the trial court proceedings against city Law Minister Kapil Mishra for allegedly making objectionable statements and violating the model code of conduct in 2020.

Justice Ravinder Dudeja also issued notice to Delhi Police on the BJP leader's plea challenging a sessions court order that had dismissed his petition against the summons issued to him by a magisterial court in the case.

"There is no need to stay the trial court proceedings. There is no stoppage of proceedings. This court does not feel it (is) necessary to stay the proceedings. The trial court is at liberty to proceed further with the matter," the judge said.

The high court listed the matter for further hearing on May 19.

The matter is listed before the trial court on March 20.

Mishra posted alleged objectionable statements on social media on January 23, 2020, from his X handle, then Twitter, in connection with the Delhi Assembly elections. A complaint was filed against him by the returning officer, based on which an FIR was registered.

The sessions court said in its March 7 order that it was in complete agreement with the magisterial court that the complaint filed by the returning officer was sufficient to take cognisance of the offence under Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act.