Delhi government minister Kapil Mishra has received a big setback. He has not got any relief in the case of violation of Model Code of Conduct during the Assembly Elections 2020. The Delhi High Court has refused to stay the ongoing hearing in the lower court in this case. The High Court clarified that the hearing will continue in the trial court and there will be no stay on it.
High Court order: Hearing will continue in the lower court
While hearing Kapil Mishra’s petition, the Delhi High Court said that there will be no stay on the ongoing hearing in the lower court . The court refused to give any stay order in the case going on against Kapil Mishra. After the order to continue the hearing in this case, Kapil Mishra is facing another legal challenge.
Kapil Mishra’s statement: Procedure was not followed in the FIR
Kapil Mishra’s lawyer had argued in the court that the FIR was registered without following the correct procedure. He said that the procedure prescribed under CrPC (Indian Penal Code) was not followed. Also, he also said that the X post (social media post) was not intended to hurt anyone’s sentiments. The lawyer claimed that neither any religion or religious community was mentioned in that post nor anything was said about the anti-CAA movement .
Lower court’s decision: Request to stay hearing rejected
The lower court had rejected the petition to cancel the ongoing hearing against Kapil Mishra. Kapil Mishra is accused of violating the Model Code of Conduct , which he made inflammatory statements during the 2020 assembly elections . A case was registered against him after this statement.
Allegations against Kapil Mishra: inflammatory statement and violation of model code of conduct
The case registered against Kapil Mishra alleges that he made hate-mongering and provocative statements during the assembly elections, which violated the Model Code of Conduct . In this case, Kapil Mishra is accused of violating the guidelines of the Election Commission of the Government of India . His alleged statement was in the context of the violence and protests taking place in Delhi .
Political position of Kapil Mishra
Kapil Mishra, who is a minister in the Delhi government, has faced criticism several times for his controversial statements. He received strong criticism from the opposition and human rights organizations for his statements made during the 2020 assembly elections. However, Kapil Mishra claims that he did not intend to hurt anyone, and his language had a political context.
Arguments of Kapil Mishra’s lawyer during the High Court hearing
Kapil Mishra’s lawyer told the court that due process of law was not followed while filing the FIR. He also argued that Kapil Mishra’s social media post was neither inflammatory nor against any religion or community. He said that the social media post was only in political context , and there was no intention to promote any kind of hatred or violence.
Court’s position: Hearing will not be stayed
Although the arguments of Kapil Mishra’s lawyer were heard, the Delhi High Court refused to give a stay order in this case. The court said that there will be no stay on the ongoing hearing in the lower court for now. The High Court has issued notice on Kapil Mishra’s petition and now it will be decided in the next stage.
What will happen next in the lower court?
Now it remains to be seen in which direction the hearing of this case proceeds in the lower court. In the ongoing hearing against Kapil Mishra, it will be important whether the allegations are justified or not and whether the statement given by him is considered a violation of the Model Code of Conduct .
After the Delhi High Court rejected the petition to stop the ongoing trial against Kapil Mishra in the lower court, another legal challenge has come up for him. Kapil Mishra is accused of making inflammatory statements during the assembly elections and violating the model code of conduct . Now it will be interesting to see what will be the next decision in this case.
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