Delhi riots: Court directs further investigation, former DCP to be examined on Kapil Mishra's presence

New Delhi [India], April 1 : The Rouse Avenue court on Tuesday directed the further investigation as to the alleged role of then Delhi Law Minister Kapil Mishra. The Court has also directed examination of then DCP Ved Prakash Surya as to the presence of Kapil Mishra in the area and what transpired between them on February 23, 2020.


This direction has been passed on an application moved by Mohd. Iliyas is seeking registration of an FIR against Kapil Mishra and his associates in connection with the incident of damaging the cart of Muslims and Dalits on Kardam Puri Road.
"Let the further investigation be initiated with respect to proposed accused (Kapil Mishra) and his associates with respect to first incident only and cognizable offence has been disclosed by the complainant," ACJM Vaibhav Chaurasia ordered on Tuesday.
The court also said that if information is found to be false, the Delhi Police will be at liberty to proceed against a complainant under Section 182 IPC (Section 217 of BNSS).
The court has directed the DCP North-East to send a copy of the order for further investigation to the appropriate Police Station within its jurisdiction. Failure to do so will bind the DCP.
The court has also directed that an extra copy be sent to the DCP North-East so that it can be sent to the then DCP, Ved Prakash Surya.
"The series of events reveals that perhaps, if allegations of complainant are found to be true, then DCP Ved Prakash Surya knows something which this Judiciary does not," the ACJM pointed out.
The court directed, "DCP Ved Prakash Surya be examined, as complainant is bound with duty to disclose as to who all have heard DCP Ved Prakash Surya wandering in streets saying, 'if you don't stop the protest, then the consequence will happen here that you all will be killed', with the aid of an Investigative Officer."
"Once it is established prima facie, DCP Ved Prakash Surya is to be interrogated as to the presence of proposed accused (Kapil Mishra) and what transpired between them," the court directed.
"Put up for the compliance of the order from DCP North-East on or before 16.04.2025," the order stated.
While giving directions for further investigation, the court found credibility in the information.
"Despite submitting organic view of riots with not so facade theory, this Court finds the credibility and information of the complainant with respect to the first incident which is further fortified by the material supplied by the prosecution pursuant to interrogation of proposed accused (Kapil Mishra) with respect to notice under Section 43F of UAPA regarding the admissions of proposed accused which prosecution has provided while vehemently opposing the involvement of proposed accused," the court observed.
The court said, "This Court directs further investigation in the present case with respect to the first incident against proposed accused (Kapil Mishra) and his associates, only with following mandatory directions to investigative agency."
The court has directed to examine complainant Mohd. Iliyas and DCP Surya.
The complainant, Mohd. Ilyas approached the Court to seek registration of an FIR against the ex-BJP MLA Kapil Mishra and other proposed accused for the offences under appropriate sections.
The complainant was aggrieved over non-registration of FIR by the police officers, which was given in the form of complaint, by the complainant on 15.03.2020, to the various office of Delhi police and in particular a written complaint was made on 17.03.2020 to S.H.O. PS Dayalpur, and in pursuant thereof, since no FIR was lodged by P.S. Dayalpur, complaint was also made to D.C.P. North East, but only in vain.
The complainant has mentioned in his complaint of DCP Ved Prakash Surya was wandering in streets by saying "if you did not stop this protest, then consequence will happen here, that you will be killed."
The court said that it is important to remember that the complainant is referring to such a warning by Worthy DCP qua 23.02.2020. In contrast, it is proposed that the accused (Kapil Mishra) referred to DCP Ved Prakash Surya in his interrogation and acknowledged that he spoke to DCP Ved Prakash Surya, the court noted.
The court further noted that the proposed accused (Kapil Mishra) had told in his interrogation in Hindi as "Maine DCP Sahab se kaha tha ki hum ab jaa rahe hai, aap road khulva de, nahi to hum bhi road khulvane ke liye dhaarne par baith jaaenge."
"This Court has no hesitation to hold that it is not a request or assertion but an ultimatum. The protest is right, and the accused (Kapil Mishra) can exercise it as and when he chooses. Now looking to facts and circumstances, the presence of proposed accused (Kapil Mishra) cannot be ruled out as per his own admission, ultimatum with respect to protest sites cannot be inferred but otherwise, conversation with DCP Ved Prakash Surya is admitted and complainant is alleging that DCP Ved Prakash Surya was wandering in streets by saying "if you did not stop this protest, then consequence will happen here that you will be killed"," ACJM Chaurasia noted.