Lakhimpur Kheri case: SC cancels Ashish Mishra's bail, directs him to surrender in a week
Darpan News Desk IANS, 18 Apr, 2022 10:22 AM
New Delhi, April 18 (IANS) The Supreme Court on Monday cancelled the bail granted to Ashish Mishra, main accused in the Lakhimpur Kheri violence incident, and directed him to surrender within a week.
A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli asked the Allahabad High Court to examine afresh whether Mishra should be granted bail or not.
The bench noted that the victims have been denied a chance of effective hearing and the high court overlooked relevant considerations. It further added that the tearing hurry shown by the high court merits the setting aside of bail order and remanded the matter back to high court for fresh consideration. The bench said the high court order cannot be sustained and is thus set aside.
Earlier, the apex court had objected to the high court order giving credence to "irrelevant" details in FIR and post-mortem reports to grant bail to Mishra.
On April 4, the Uttar Pradesh government told the Supreme Court that Lakhimpur Kheri violence case, where eight people lost their lives, was a grave offence, but no untoward incident happened after Ashish Mishra, prime accused in the case was granted bail, and he was also not a flight risk.
Senior advocate Dushyant Dave, representing the family members of the victims, submitted that the high court failed to consider relevant facts, and the order suffered from gross non-application of mind by the high court. After hearing the detailed arguments in the matter, the top court reserved the order.
Mishra was arrested on October 9 last year in the case. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers' protest. He was granted bail by the high court on February 10.
The family members of the farmers, mowed down by a car belonging to Mishra, in Lakhimpur Kheri had moved the top court challenging bail granted to him. He is the son of Union Minister and BJP MP Ajay Kumar Mishra. The victims' families have claimed that the state has not filed an appeal opposing bail granted to Mishra.
The accused have been identified as Nitin Pratap alias Atul and Sandeep Kumar -- residents of Firozabad in Uttar Pradesh. Police said the accused used a Suzuki Gixxer motorcycle for the last two months to commit the crime in Gurugram and Rajasthan, and they used to travel from Tapukara in Rajasthan once a week to snatch mobile phones.
The deceased, identified as Megha Kayal, 40, was working as a doctor in London Milton Keynes University Hospital. Prior to this, she was a doctor at Apollo hospital, Sarita Vihar, Delhi.
A gofundme has raised US$70,000 for the victim family. The bodies of the four family members – who have been identified after autopsies as Jagdish Patel, 39, his wife Vaishaliben Patel, 37, daughter Vihangi Patel, 11, and son Dharmik Patel, 3 – are currently lying in a morgue in Winnipeg.
Senior advocate and Additional Solicitor General Rupinder Singh Suri passed away, sources said here on Monday. According to reports, he was battling Covid-related complications for over a week. He is survived by his wife Gurvinder and advocate daughters Suruchi and Simar.
A bench headed by Chief Justice N.V. Ramana told the Punjab government counsel to advise his government to refrain from launching criminal cases against the political opponents, just before the election. The top court directed Majithia to surrender on February 24 before the trial court and seek regular bail.
The chief minister further said that from Monday onwards, they have started recouping farmers' loss. "By providing them with a financial assistance of Rs 20,000 per acre, Delhi is paying the highest compensation amount across the nation," he tweeted, adding that they have handed over cheques amounting to Rs 2.5 lakh or 3 lakh.
