A sessions court on Monday set aside a magistrate court’s order to further investigate Delhi law minister Kapil Mishra’s role in the 2020 riots cases in the national capital.
Special judge Dig Vinay Singh allowed Mishra’s plea seeking to overturn the magistrate court’s decision. The special judge emphasised that judicial orders that potentially affect someone’s rights and liberties must be unambiguous and free from conflicting interpretations.
In April, a magistrate court had directed further investigation to ascertain the roles of Mishra and others in connection with the conspiracy behind the Delhi riots. Mishra and the Delhi police had challenged the order.
Judge Singh reversed the magistrate court’s order, considering that it was legally unsustainable. The magistrate’s court had only ordered further investigation and not a fresh FIR because the case is under trial in the court, judge Singh observed.
“Under Section 193(9) of the BNSS, such further investigation could not have been ordered by the ACJM (additional chief judicial magistrate) after the matter had been taken cognisance of by the special judge,” Singh said.
Section 193(9) of the BNSS deals with further investigation in a case after a police report is filed, which can only be permitted by the court concerned. The larger conspiracy case is now being heard by a sessions court.
“For the foregoing reasons, the impugned order is jurisdictionally flawed and legally unsustainable, and it must be set aside,” Singh said.
The direction for further investigation was given in a larger conspiracy case, which is under trial in a Karkardooma sessions court following the submission of a final
report.