Harsh Mander’s plea seeking FIR against Kapil Mishra for Delhi riots: Delhi court asks police to file report

A Delhi court has directed Delhi Police to file a report in a plea filed by social activist Harsh Mander seeking registration of an FIR against BJP leader Kapil Mishra for allegedly provoking people to target Muslims in February last year.

The plea seeks the arrest and registration of an FIR against Mishra for allegedly encouraging violence against anti-CAA protestors.

Noting that the matter has already gone to the Delhi High Court, Metropolitan Magistrate Himanshu Raman at Patiala House Courts called for the report from the DCP and posted the matter for further hearing on March 9, Live Law reported.

In July 2020, the Delhi High Court had allowed Harsh Mander to withdraw his writ petition which sought registration of FIR against politicians such as Kapil Mishra, Anurag Thakur, Parvesh Verma etc., over alleged incitement of Delhi riots.

This was after Senior Advocate Kapil Sibal, who appeared for Mander, had expressed that he was seeking to approach the jurisdictional Magistrate under Section 156(3) of Code of Criminal Procedure for the same relief.

Incidentally, Delhi Police had last year filed an affidavit in the matter stating that it didn't find any evidence against politicians such as Anurag Thakur, Kapil Mishra, Parversh Verma etc, to link them to riots.

Next day, the Solicitor General told a different bench comprising Chief Justice D N Patel and Justice C. Harishankar, which was considering the petition, that the Delhi Police has decided to defer the decision on FIR as the riots situation was not "conducive" for registration of the same. Accepting the submission of SG, the bench had adjourned the hearing till April 13.