A Delhi court has upheld a summons issued to BJP leader Kapil Mishra, rejecting his plea to quash proceedings in an electoral malpractice case tied to incendiary communal remarks made during the 2020 Delhi Assembly elections.
Mishra, known for his polarizing statements, had allegedly used social media to claim that “mini-Pakistans” were forming in Delhi and that Shaheen Bagh, a key site of anti-CAA protests, was an “entry point for Pakistan.” The court found these remarks aimed at stoking religious division for electoral gain.
Special Judge Jitendra Singh of Rouse Avenue Courts refused to accept Mishra’s defense that his comments were not targeted at any specific religious community. The judge noted that in common parlance, “Pakistan” is often wielded as a coded reference to a particular faith, making Mishra’s remarks a calculated attempt to stir enmity.
The ruling condemned the trend of communal sloganeering in Indian politics, likening it to the colonial-era “divide and rule” strategy. The judge remarked that while religious diversity is embraced, it remains fragile, and political rhetoric exploiting these sensitivities threatens the country’s democratic and pluralistic fabric.
Mishra had argued that his comments about a foreign country did not constitute an offence under election laws. The court dismissed this claim as “preposterous,” stating that even a layperson could recognize the religious insinuation behind his words.
The case against Mishra falls under Section 125 of the Representation of People Act, which criminalizes electioneering that promotes enmity between groups. The court affirmed that the charge was cognizable, allowing law enforcement to investigate and arrest without prior court approval, drawing a parallel to similar legal precedents.
With this ruling, the court reaffirmed its stance against inflammatory political rhetoric, sending a clear message that communal polarization for votes will not go unchecked.
