New Delhi: A Delhi court has dismissed a plea by Kapil Mishra, a prominent BJP leader and the current law and justice minister of Delhi, challenging a summons related to his controversial tweets during the 2020 Delhi assembly elections. The court determined that Mishra’s use of the term “Pakistan” was a deliberate effort to incite hatred and communal discord.
According to Kashmir Media Service, the case originated from an FIR filed against Mishra after a complaint from the Returning Officer. The complaint alleged violations of the Model Code of Conduct and the Representation of the People (RP) Act. Mishra’s tweets, which described the Shaheen Bagh protest as a “mini Pakistan” and framed the election as a contest between “India and Pakistan,” were viewed by the court as attempts to provoke division and hostility among communities.
Special Judge Jitendra Singh of the Rouse Avenue Courts remarked that Mishra’s use of the word “Pakistan” was a strategic move to incite hatred, disregarding potential communal polarization during the election campaign, with the intent of garnering votes. The court noted that such rhetoric has become a frequent tactic in India’s political arena, where hate speech is often employed to sway electoral outcomes.
Mishra’s defense, which argued that his statements did not target any specific caste, community, or religion, was rejected by the court as untenable. The judge emphasized that the implicit reference to a particular religious community was unmistakable, and the statements were clearly designed to foster enmity among religious groups.
The court upheld the lower 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 underscored the importance of “free and fair elections” as the foundation of a vibrant democracy but cautioned about the “fragile atmosphere” in India, where religious tensions can be easily inflamed.
The judge concluded by asserting that the divisive and exclusionary politics pose a threat to India’s democratic and pluralistic fabric, lamenting that the “divide and rule” strategy of colonial times still seems to be in practice in India today.