The Delhi High Court on Tuesday declined Bharatiya Janata Party leader Kapil Mishra’s request to stay trial court proceedings against him in connection with a case of promoting communal enmity ahead of the 2020 Assembly elections in the national capital, reported Live Law.

Justice Ravinder Dudeja issued notice on Mishra’s petition challenging a special court’s order on March 7.

Special Judge Jitendra Singh of the Rouse Avenue Court had dismissed a revision petition by Mishra, who is now the law minister in the Delhi government, against the summons in connection with the 2020 case under the Representation of the People Act.

Mishra has been accused of posting allegedly objectionable comments on electronic media on January 23, 2020, in connection with the Assembly elections in Delhi. The case was filed based on a complaint by the returning officer.

The case also pertained to a social media post by the BJP leader stating that there would be an “India vs Pakistan” contest on the “streets of Delhi” on February 8, 2020, which was the polling day.

He was booked for promoting enmity between classes in connection with the elections under Section 125 of the Representation of the People Act. A chargesheet in the matter was filed in November 2023.

Appearing for Mishra, Senior Advocate Mahesh Jethmalani told the High Court on Tuesday that “there was no reference to any two communities or groups” in the BJP leader’s social media posts, reported Live Law. Jethmalani said this was a prerequisite for a case to be filed under Section 125 of the Representation of the People Act.

According to the senior advocate, Mishra’s posts were not intended to promote enmity or hatred. He claimed that the statements did not lead to any such situation being created as well.

Jethmalani also said that Mishra’s posts were made during the elections in order to criticise those intending to “spoil the atmosphere under the guise of anti-Citizenship Amendment Act movement”.

In his judgement, Singh said on March 7 that the statements Mishra had made in 2020 appeared to be a “brazen attempt to promote enmity on the grounds of religion by way of indirectly referring to a country which unfortunately in common parlance is often used to denote the members of a particular religion”.

The word “Pakistan is very skilfully woven by the revisionist [Mishra] in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes”, said the judge.

In the High Court, the Delhi Police opposed Mishra’s petition, stating that arguments raised by Jethmalani can be taken up at the stage of framing of charges, reported Live Law.

On his part, Jethmalani argued that Mishra’s “reputation will be damaged if charges are framed”, according to The Indian Express.

“Let the proceedings continue,” said the High Court. “In case a favourable finding comes tomorrow, all proceedings would go…You won’t be prejudiced due to continuation of trial. Even if tomorrow the petition is accepted, everything will go…No need to stay the trial. Sorry.”

It added: “It is made clear that while considering the question of framing of charges, the trial court will make independent assessment on the basis of the submissions made by the respective sides.”

The court posted the matter for hearing on Wednesday.

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