A Delhi sessions court has overturned a magistrate’s earlier order that directed the Delhi Police to investigate the alleged role of Delhi Law and Justice Minister Kapil Mishra in the 2020 North-East Delhi riots.
Special Judge Dig Vinay Singh of the Rouse Avenue Court observed that the April 1 order passed by the magistrate was legally unsustainable and procedurally flawed. The court described the order as “improper and contrary to law,” and consequently quashed it.
The earlier order had stemmed from a complaint filed by Mohammad Ilyas, a resident of Yamuna Vihar, who accused Mishra of instigating violence by blocking a road and vandalising vendors’ stalls in the Kardampuri area during the riots. The complainant also alleged that the minister was accompanied by police officials at the time.
In its judgment, the sessions court noted that a separate First Information Report (FIR No. 59/2020) related to the wider conspiracy behind the riots was already under investigation. The court held that the magistrate could not direct a fresh probe into Mishra’s role without clearly distinguishing it from the ongoing case.
Judge Singh further observed that a new investigation could only be initiated if the complaint revealed a separate, identifiable offence — a requirement that was not met in this instance.
Accordingly, the sessions court has set aside the magistrate’s directions, reaffirming that any additional probe must follow proper legal procedure and be supported by concrete, independent allegations.
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