The Delhi High Court has accepted the petition filed by BJP leader and Delhi Law Minister, Kapil Mishra, seeking a correction in the order passed by the court on March 18.
The petition is being heard by a bench led by Justice Ravinder Dudeja.
Kapil Mishra has requested the Delhi High Court to rectify a perceived error in its earlier ruling.
Mishra’s lawyer requested the court to direct the trial court to independently consider framing charges and not let the Sessions Court’s comments influence the decision on the merits of the case.
In its previous ruling, the Delhi High Court had declined to stay the ongoing hearings in the lower court.
The High Court noted that there was no need to halt the proceedings in the subordinate court and affirmed that it could proceed without any interference.
The High Court clarified that the trial court is free to continue its hearings and make decisions on the matter as it sees fit.
During the hearing, the lawyer representing Delhi Police stated that the social media posts made by Kapil Mishra aimed to promote hatred between religious communities.
He further pointed out that both the Sessions Court and the High Court had arrived at similar conclusions regarding the issue.
The lawyer argued that the court could consider Mishra’s defense while framing charges in the case.
The High Court instructed the trial court to remain unaffected by the earlier comments from special judges and to base its decision on independent submissions made during the case.
Kapil Mishra faces legal action after posting allegedly objectionable statements on social media during the Delhi Assembly elections.
The posts were made on January 23, 2020, via X (formerly Twitter).
The Election Officer subsequently filed a complaint, leading to the registration of FIRs against Mishra.
The High Court reiterated that the trial court should base its decision on the independent submissions made during the proceedings and not let external comments influence its consideration of framing charges.
The court made this clarification to ensure that the trial would be based solely on the merits of the case, ensuring a fair process.
The case is ongoing, and the trial court will continue its proceedings as directed by the Delhi High Court.
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