Lakhimpur violence: Supreme Court seeks UP govt’s response on plea challenging Ashish Mishra’s bail, next hearing on April 4
The Supreme Court on Wednesday sought Uttar Pradesh government’s response on a plea challenging bail granted to Ashish Mishra — son of Union MoS Home Ajay Mishra Teni — in the Lakhimpur Kheri violence case. The court will next hear the matter on April 4
The top court asked the state government to file reply on the report of the SC committee, appointed to monitor the probe, which has recommended the state to challenge the order of bail by Allahabad High Court. On November 17, 2021, the Supreme Court had appointed former Punjab and Haryana High Court judge Justice Rakesh Kumar Jain to monitor the probe by the Special Investigation Team in the case.
The bench led by Chief Justice of India N V Ramana, also comprising Justices Surya Kant and Hima Kohli, pointed out that “it appears from the report of the monitoring judge that he recommended for filing appeal for cancellation of bail”, according to The Indian Express, and asked the state government to clear its stand.
On this, senior advocate Mahesh Jethmalani, appearing for the state government, said that he was unaware of the report and will have to get instructions.
Justice Surya Kant pointed out that there were two letters written by the Special Investigation Team to the UP Additional Chief Secretary, Home, in this regard. The bench said it found these letters mentioned in the report of the monitoring judge.
Jethmalani, after taking instructions, said the Additional Chief Secretary doesn’t seem to have received the letters and sought time to respond, reported The Indian Express.
Ashish was granted bail by Allahabad High Court on February 10. Days after, the families of some of the victims approached the Supreme Court seeking cancellation of the bail, They alleged that After Ashish’s release from jail, one of the eyewitnesses was attacked on March 10 and that they were also being threatened.
On March 16, the top court issued a notice to the UP government, seeking its reply on the plea and also asked it to ensure witness protection. Refuting the charges levelled by the victim families, the state government, in its affidavit to the court, said “vehemently opposed” the bail application by Ashish Mishra. It also rejected the allegations that the state government was shielding the minister’s son and not protecting the witness.
The Special Investigation Team (SIT) had named Ashish Mishra as the main accused in the knocking down of the farmers incident in its charge sheet submitted to the court
Farmers were staging protest in Tikonia viage on October 3 last year against the visit of deputy chief minister Keshav Prasad Maurya to Ajay Mishra’s native Banbir village when four of the agitating farmers were crushed under the wheels of a convoy of cars. In the subsequent violence, four others comprising two BJP workers, driver and a journalist were killed
Mishra was granted bail by the Lucknow bench of the Allahabad High Court on February 10. Granting the relief, it said though Mishra was accused of inciting the driver of a vehicle to run over the protesters, the driver and two co-passengers were also killed allegedly by protesters.
Given that there were thousands of protesters, the driver might have speeded up the vehicle to save himself, the court had reasoned. In this context, it also added that the killing of the driver and the co-passengers could not be overlooked.