Delhi High Court Requests Trial Court To Defer Hearing In 2020 Case Against Minister Kapil Mishra Over Alleged Communal Remarks

The Delhi High Court has requested the Trial Court to defer the hearing to the point of charge in the 2020 case registered against Minister Kapil Mishra over alleged communal remarks related to the Shaheen Bagh Protest.

The Court was considering an Application under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023, filed for taking on record three charge sheets and relied upon documents filed by the Respondent.

The Bench of Justice Ravinder Dudeja observed, "Since no time is left, it is not possible to hear and dispose of the petition today, the learned trial court is requested to defer the hearing on charge to a date subsequent to the date fixed by this Court."

The Applicant was represented by Senior Advocate Mahesh Jethmalani, while the Respondent was represented by Assistant Standing Counsel Rupali Bandhopadhya.

Senior Counsel for the Applicant submitted that the annexed documents which are part of the Application are essential, necessary and are required for the proper adjudication of the case. It was submitted that the documents including the orders of the trial court are relevant and necessary for the purpose of determining the real question of controversy and for effective adjudication of the case. He stated that the additional documents are pertinent as was provided in clear manner as to what was the response from X and how the same be read in favour of the Applicant.

Senior Counsel for the Petitioner submitted that pursuant to the directions of the trial court, the investigating agency sought information regarding the X account of the Petitioner. In response, X gave access to the site with single URL for downloading and retrieving the files. Consequent thereto, the investigating agency downloaded the files and placed the same along with the supplementary charge sheet. However, the files were incomprehensible, and therefore it was contended that the prosecution before hearing of arguments on charge must provide interpreted documents to the Petitioner, failing which, the trial may get vitiated.

The Petition has been listed for October 13, 2025.

Cause Title: Kapil Mishra vs. State of NCT of Delhi

Appearances:

Applicant- Senior Advocate Mahesh Jethmalani, Senior Advocate Pavan Narang, Advocate Ravi Sharma, Advocate Himanshu Sethi, Advocate Neeraj, Advocate Shoumendu Mukherjee, Advocate Aishwarya Chhabra, Advocate Megha

Respondent- Advocate Rupali Bandhopadhya, Advocate Abhijeet Kumar, Advocate Amisha Gupta

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