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A Delhi, India court on Friday dismissed a challenge from local Bharatiya Janata Party (BJP) Cabinet Minister Kapil Mishra to a summons in a case involving allegations that he made inflammatory communal statements during the 2020 Delhi Legislative Assembly elections.
Special Judge Jitendra Singh upheld the summons issued against Mishra, rejecting his argument that his statements did not promote enmity between communities under Section 125 of the Representation of the People Act, 1951 (RPA). The court ruled that the allegations against Mishra were sufficient to proceed with the case.
Mishra, a former Aam Aadmi Party (AAP) leader who later joined the BJP, was previously elected as a member of Delhi’s Legislative Assembly. He served as Delhi’s Water Minister before being removed from the AAP government in 2017.
The case against Mishra stems from social media posts made on January 22 and 23, 2020, where he allegedly stated that the elections would be a contest between “India and Pakistan” and referred to certain areas of Delhi as “mini-Pakistan.” The returning officer subsequently filed a complaint, leading to the registration of a police report.
Mishra’s legal team argued that his statements referred to a country, not a religious community, and thus did not violate Section 125 of the RP Act. The court dismissed this defense, stating that the word “Pakistan” was “skillfully woven” into his statements to evoke communal sentiments, a tactic that could not be allowed under election laws. Judge Singh noted that even an implicit reference to a particular religious community could be easily recognized, making the alleged statements a “brazen attempt to promote enmity on religious grounds.”
In his ruling, Singh emphasized the constitutional duty of the Election Commission to prevent communal polarization in elections. He remarked that India has witnessed a trend of politicians using divisive rhetoric to garner votes, warning that such tactics threaten the country’s democratic and pluralistic fabric. Mishra will now have to face trial on charges of promoting enmity during the 2020 elections.
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Special Judge Jitendra Singh upheld the summons issued against Mishra, rejecting his argument that his statements did not promote enmity between communities under Section 125 of the Representation of the People Act, 1951 (RPA). The court ruled that the allegations against Mishra were sufficient to proceed with the case.
Mishra, a former Aam Aadmi Party (AAP) leader who later joined the BJP, was previously elected as a member of Delhi’s Legislative Assembly. He served as Delhi’s Water Minister before being removed from the AAP government in 2017.
The case against Mishra stems from social media posts made on January 22 and 23, 2020, where he allegedly stated that the elections would be a contest between “India and Pakistan” and referred to certain areas of Delhi as “mini-Pakistan.” The returning officer subsequently filed a complaint, leading to the registration of a police report.
Mishra’s legal team argued that his statements referred to a country, not a religious community, and thus did not violate Section 125 of the RP Act. The court dismissed this defense, stating that the word “Pakistan” was “skillfully woven” into his statements to evoke communal sentiments, a tactic that could not be allowed under election laws. Judge Singh noted that even an implicit reference to a particular religious community could be easily recognized, making the alleged statements a “brazen attempt to promote enmity on religious grounds.”
In his ruling, Singh emphasized the constitutional duty of the Election Commission to prevent communal polarization in elections. He remarked that India has witnessed a trend of politicians using divisive rhetoric to garner votes, warning that such tactics threaten the country’s democratic and pluralistic fabric. Mishra will now have to face trial on charges of promoting enmity during the 2020 elections.
The post India court rejects Delhi minister’s challenge to summons in election case appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.