NEW DELHI
A Delhi court has dismissed a plea by BJP leader and now Delhi’s law and justice minister, Kapil Mishra challenging a summons in a 2020 case related to his controversial tweets during the Delhi assembly elections.
The court found that Mishra’s use of the word “Pakistan” was a deliberate attempt to incite hatred and communal discord.
The case stems from an FIR filed against Mishra following a complaint from the Returning Officer, alleging a violation of the Model Code of Conduct and the Representation of the People (RP) Act.
In his tweets, Mishra referred to the Shaheen Bagh protest as a “mini Pakistan” and portrayed the election as a battle between “India and Pakistan,” actions the court found aimed at stoking division and hostility between different communities.
Special Judge Jitendra Singh, of the Rouse Avenue Courts, observed, “The word ‘Pakistan’ is very skillfully weaved by the revisionist in his alleged statements to spew hatred, careless to communal polarisation that may ensue in the election campaign, only to garner votes.”
The court also observed that such communally charged rhetoric has become a recurring strategy in India’s political landscape, where hate speech is used to manipulate electoral outcomes.
Mishra’s defense, claiming that his statements did not target any specific caste, community, or religion, was dismissed by the court as untenable.
The judge emphasized, “The implicit reference to a specific religious community is undeniable, and the statement’s suggestion is clear: it is designed to sow enmity among religious communities.”
The court upheld the magisterial court’s decision to summon Mishra, affirming that the complaint and supporting evidence provided sufficient grounds for taking cognizance of the offense.
In its judgment, the court highlighted that “free and fair elections are the very foundations of any vibrant democracy”, but warned that a “fragile atmosphere” exists in India, one where religious passions can be easily ignited.
The judge concluded by asserting, “This is the outcome of politics of divisiveness and politics of exclusion which is a threat to democratic and plural fabric of the country. Divide and rule policy of the colonialist are sadly still in practice in India.”
