Skip to main content

Persecute Kapil Mishra for 'instigating' Delhi riots: Petition to Chief Justice of India

Counterview Desk
Well-known human rights organization, Citizens for Justice and Peace (CJP), has floated a an online petition asking the Chief Justice of India asking the judicial intervention at the highest level in order to hold BJP leader Kapil Mishra accountable for instigating violence in north-east Delhi, and prosecute him.
A copy of the petition is proposed to be forwarded to the Commissioner of Police, Delhi, and the chairman, National Human Rights Commission.
Initially signed by Anil Dharker, Teesta Setalvad, Javed Anand, Asha Nehemiah, Vinod Nehemiah, Cedric Prakash, Chitra Palekar, Lara Jesani, David D’Costa, Vivek Monteiro, Ritwik Kulkarni, Aravind Venugopal, Sanjeewani Jain, Bilal Khan, Guddi SL, Balaji Kaletwad, Preeti Shekhar and Dr Ashok Dhawale, the petition says, the Indian criminal law has provisions for prosecution of those who incite violence using hate speech, wondering, "Why then is there no action against this BJP leader?"

Text:

The North East district of Delhi was plagued by anti-minority violence from February 23, 2020. It cannot be denied that it was inflammatory speech by BJP leader Kapil Mishra that instigated the violence.
On February 23, Mishra led a pro-Citizenship Amendment Act (CAA) rally close to the site of the anti-CAA protest near the Jafrabad metro station. At the protest site, standing next to a uniformed police officer he said, “We will remain peaceful till Trump leaves. After that we will not listen to you.”
A video of this speech may be viewed here.
The blatant impunity with which he challenged the authority of the police in presence of a uniformed police officer is shocking to say the least. It also encourages people to take the law into their own hands.
Earlier, on the same day Mishra helped build the anti-minority sentiment and support against anti-CAA protesters using a series of tweets (click here, here and here).
"The Times of India" quoted him giving the Delhi police a three day ultimatum to remove the protesters saying, “Dilli Police ko teen din ka ultimatum — Jafrabad aur Chand Bagh ki sadkein khali karwaiye..iske baad hamein mat samjhaiyega...hum aapki bhi nahi sunenge... sirf teen din...” (Translation: We give the Delhi police three-day ultimatum to clear the streets of Jafrabad and Chand Bagh. After this, don’t try to make us understand. We will not listen to you. Just three days).
It is the second part of this ultimatum that is chilling as it virtually threatens violence by my supporters in case the police fail to evict the anti-Citizenship Amendment Act (CAA) protesters. This legitimization of violence is nothing but hate speech as it indirectly incites violence against anti-CAA protesters.

Previous instances where Kapil Mishra incited hate against minorities

On April 4, 2019, Kapil Sharma, MLA from the Karawal Nagar constituency in the Sixth Legislative Assembly of Delhi, tweeted a violence-inducing post, addressed to Congress president Rahul Gandhi. Misrepresenting the Islamic flag (moon and stars on a green background) with that which represents the state of Pakistan, Kapil Mishra tweeted:
“Those who broke down the temples at Ayodhya, Kashi, Mathura and Somnath carried this flag. Those who killed the Sikh Gurus also carried this flag. All terrorists, anywhere, swear by this flag.”
Before that, in February 2019, following the Pulwama terror attack that left 40 CRPF jawans dead, Mishra also posted a series of hate-filled tweets, one of which called for the destruction of the “wombs that give birth to terrorists”. When incidents of violence against Kashmiri students began being reported from across the country, Mishra insisted that the stories were made up and dismissed them as fake news, even though videographic evidence became available.
Mishra’s behaviour has been exceptionally toxic towards women on social media. In a tweet he suggested that designer Farah Khan Ali is part of the ecosystem that nurtures and shelters terrorists, alluding perhaps to her faith. He was particularly vicious towards CPI (ML) Polit Bureau member Kavita Krishnan, when she called him out for inciting genocide in wake of his comment about “wombs that give birth to terrorists”.
Mishra’s behaviour has been exceptionally toxic towards women on social media. Referring to Kavita Krishnan he spoke of 'wombs that give birth to terrorists'
But Kapil Mishra reserved his most vile comments for actor Swara Bhaskar. When the actor pointed to his tweet inciting genocide, he made a despicable comment about the actor alluding to a masturbation scene in one of her movies.
In wake of these post-Pulwama comments, AAP suspended Mishra. He officially joined the BJP in August 2019 (click here).
We now demand that Kapil Mishra be held accountable for his words and actions. We demand his arrest for instigating interfaith violence in North East Delhi. We also demand that he be prosecuted under relevant sections of the law.

Where the law stands on hateful and inflammatory speech

The first step towards acting on hate speech is to be alert in order to monitor/ tape/video–tape the entire text of such a speech. Sections 153A and 153B of the Indian Penal Code (IPC) oblige the state to prosecute those guilty of such violations. Section 295 of the CrPC is also a section that can be invoked whenever there are deliberate attempts to disrupt communal harmony.
Thereafter, it is imperative to file a first information report (FIR). Experience shows that in the current political climate the police does not register an FIR and begin an investigation, even though duty bound to do so, unless it has clear political directions. Hence it is important for concerned citizens or organisations to register a complaint (either in person or by registered post) and, thereafter, if the police do not act, approach the courts to ask that such offences get investigated.
You can file an FIR under section 154 of the CrPC by registering it with a local police station. If the police argue on issues of jurisdiction (delays the action stating that the hate speech or writing was made elsewhere) you can, under law, insist that by hearing these words or such writing in the media/in a pamphlet or on television, you have been aggrieved by it and hence wish to file it there.
In the worst-case scenario, if the police refuse, you can obtain an order from a local Magistrate for registration of an FIR under Section 156(3) of the CrPC (click here to read more).
Complaints can also be filed with social media platforms in case of hate filled posts or tweets. In fact, Twitter has already taken down one tweet by Kapil Mishra dated February 23, 2020. Though it was retweeted, it is no longer visible.
---
Click here to sign the petition

Comments

TRENDING

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Gyanvapi case: Use of 'illegal' lawfare to keep the communal pot simmering

By Venkatesh Narayanan, Bobby Ramakant, Manoj Sarang* With a steady drumbeat of bad news for the lives of ordinary citizens --  inflation at a multi-year high , rupee at an all-time low , negative job creation and when all forward indicators as seen by industry leaders point to recessionary clouds on the horizon , what’s a serially-incompetent government to do?  Dust out their time-tested-citizen-distraction playbook. The Gyanvapi-Masjid case is all of this -- as a weapon of mass distraction. This zeitgeist of our times is best captured by a recent opinion piece : "The idea is to keep the pot on a perpetual boil, simmering at the top, whirling feverishly beneath. A restless society forever living precariously on the precipice arouses distrst, uneasiness, fear and discomfort, That is a toxic panoply for manufacturing rage, which can then be effortlessly mobilized at short notice. BJP is creating an eco-system of real-time instant delivery of hate-mongers. That is how we are sudde

Upholding labour rights, Nehruvian scientific temper, Rajni Patel opposed Emergency

By Harsh Thakor*  Rajni Patel, who died 40 years ago, whatever his flaws, had one great quality: his human touch to offer selfless service and ability to galvanise or influence human beings from all walks of life. Few people would ever go out of the way to help someone or serve as selflessly without aim of personal gain. Rajni championed Nehruvian secular ideas and scientific temper. As a master in public relations he revealed utmost humility. As a barrister, he never appeared against the trade unions or workers. A Fabien Socialist he opposed liberal capitalism and radical socialism. Unlike most lawyers, he did not succumb to the lure of amassing wealth. Rajni was born in Sirsa, in Gujarat, on the very day Gandhi set foot on Indian soil, on 9th January, 1915. He gained his baptism through one of Gandhi's speeches calling for the boycott of foreign goods, which was the virtual turning point of his life. Rajni toed Gandhi to organise boycott of foreign goods. Rajni was able to cros

Targeting mosques, churches: 'Roadmap' for 2025, RSS' centenary year?

416 years old Our Lady of Health Church, Sancoale, Goa  By Fr Cedric Prakash SJ*  Fascists use manipulative strategies aimed at whipping up sympathy and support from the majority community, to which they normally ‘belong’. They do so in a variety of insidious and subtle ways. In the past few months, they have gone overboard in their efforts to denigrate and demonize minorities in India, particularly Muslims and Christians. They have spewed hate and divisiveness through their venomous speeches; incited people to violence and have effectively used officialdom to further their vested interests. The results are there for all to see: greater polarisation of the majority community in a country which prided itself for its pluralism and diversity. Their meticulously planned agenda is in order to gain absolute power of the country in the 2024 national elections. More so it is also a roadmap towards 2025 when the Rashtriya Swayamsevak Sangh (RSS) will complete one hundred years of its existence.

Vadodara violence: Fine Arts Faculty alumni raise fingers at Varsity's political appointee

Hasmukh Vaghela with PM Counterview Desk  In a statement, alumni of the Faculty of Fine Arts (FoFA), Maharaja Sayajirao University (MSU), Baroda, Gujarat, referring to the “violence” by right-wing groups for displaying “objectionable” paintings that “hurt religious sentiments” at the one of India’s top fine arts institute May 5, have taken strong exception to “the assault and rustication” of one of the students, and lack of action taken against those who “violated” the institution and committed the act. Floated as an online petition seeking wider support, the FoFA alumni, in their statement, addressed to the vice chancellor, MSU, said, there should be “thorough” investigation in the whole incident and “immediate action” should be taken against syndicate member Hasmukh Vaghela, MSU, who sparked the assault, and “other co-conspirators” for breaching “university code of conduct and unlawful activities committed in broad daylight”. While the alumni statement doesn't say so, Vaghela

Examples of support to Hindu temples, scriptures, saints by 'Muslim' rulers galore

Siya Ram coin issued by Akbar By Bharat Dogra* At a time when the country as well as the world are passing through very difficult times leading to more urgent need for strengthening national unity for meeting several big challenges ahead, unfortunately disputes relating to religious places have been allowed to raise their ugly head once again. It is well-realized by now by many people that it is not historical facts but narrow considerations of political gain and spreading of fanatic ideas of intolerance which are behind such mischief, but due to the increasing threat of mob violence and patronage available at higher levels to groups spreading intolerance many people are reluctant to openly and fearlessly express their views. Hence there is urgent need for broad-based peace committees with wider social support to spread the message of communal harmony and to appeal against the dangers of spreading false messages regarding places of worship which can ultimate

This varsity succumbed to extra-academic mobocracy, 'ignored' Hindutva archives

By Shamsul Islam* Open letter to Sharda University vice-chancellor Sub: Discarding a Question on Linkages of Hindutva with Nazism/Fascism is blatant Academic Dishonesty! Dear Professor Sibaram Khara Saheb, Namaskaar! According to your esteemed University’s portal: “The name of University, 'Sharda' is synonymous to 'Goddess of knowledge and learning-Saraswati'. She is identified with 'veena', an Indian musical instrument and the ‘lotus’, where she resides. The lotus in our logo symbolizes the seat of learning that the University is created for.  "Variety of colours signify the variety of disciplines the university offers and the overlap between petals creating new colours demonstrate the ethos of collaboration between students and teachers of different programme, nationality, creed and colour working towards creating new knowledge…the University's cherished mission to provide education beyond boundaries and to facilitate the students and faculty to achie

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Whither climate goal? Increasing reliance on coal 'likely to worsen' India's power crisis

By Shankar Sharma*  Recent news articles, How to shock-proof India’s power sector and Power minister points finger at states for worsening electricity crisis , have highlighted a few current problems for the ongoing power sector issues as in April 2022. However, there is a lot more to it than a few temporary solutions as indicated in the articles. It should also be emphasised that it is techno-economically impossible to completely shock-proof a highly complex and geographically wide-spread vast power network, such as the one in India, which is only getting more and more complex with the passage of each year due to some irrational policies/ practices in the sector. A business-as-usual (BAU) scenario, wherein more and more of conventional technology power plants, including coal power plants, will be added in the near future, will also necessitate the increased complexity in the integrated national grid, and as a result the instances of power shortage/ disruptions can only escalate for

A former Modi ally, Prashant Kishor wanted to enter Congress 'on contract, as trader'

By Anand Sahay*  The Congress Party and the election campaigns specialist Prashant Kishor, whose company has done strategic communications for a host of political parties across ideology, should both count themselves lucky that they could not reach an agreement for Kishor to join the party. News reports suggest that the Congress rejected Kishor’s terms. This is not wholly unexpected. People join a party because they are attracted to it, and wish to serve it in any capacity that the party may see fit. But that isn’t Kishor at all. He gave the impression of entering into a contract, as a trader might. If news reports are to be believed, he sought freedom to report directly to party chief Sonia Gandhi, and sought untrammeled control over party communications. When such ideas did not find favour, the consultant withdrew. It is clear he has no particular love for the Congress, and its ideas, ideology and politics. In contrast, look at the key personae in G-23. They