Lakhimpur Kheri case: SC grants UP 2 weeks for response on Ashish Mishra's bail plea
Darpan News Desk IANS, 17 Oct, 2022 11:04 AM
New Delhi, Oct 17 (IANS) The Supreme Court on Monday granted two weeks to the Uttar Pradesh government to file its reply on the bail plea filed by Lakhimpur Kheri violence case prime accused Ashish Mishra, the son of Union Minister Ajay Mishra Teni.
A bench of Justices B.R. Gavai and B.V. Nagarathna said it will hear the matter on November 7.
Senior advocate Mukul Rohatgi, representing Mishra, submitted that notice was already issued in the matter.
On July 26, the Allahabad High Court's Lucknow bench declined to entertain Mishra's bail plea.
On April 18, the Supreme Court had cancelled the bail granted to Mishra and directed him to surrender within a week.
A bench headed by Chief Justice N.V. Ramana (retired now) and comprising Justices Surya Kant and Hima Kohli asked the Allahabad High Court to examine afresh whether Mishra should be granted bail or not.
"Instead of looking into aspects such as the nature and gravity of the offence, severity of the punishment in the event of conviction, circumstances which are peculiar to the accused or victims, likelihood of the accused fleeing, likelihood of tampering with the evidence and witnesses, and the impact that his release may have on the trial and the society at large, the High Court has adopted a myopic view of the evidence on the record and proceeded to decide the case on merits," the top court had noted.
It had said that the high court had shown "tearing hurry" in passing the February 10 order, granting bail to Mishra, denying a fair and effective hearing to the victims.
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.
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.
The Supreme Court on Friday directed the Registrar General of Punjab and Haryana High Court to secure and preserve all records in connection with Prime Minister Narendra Modi's visit to Punjab, and also asked the state and Central committees to refrain from conducting inquiries till Monday, when it will take up the matter again.
India on Friday revised the existing guidelines for all international arrivals in India in view of the rising Covid cases and the Omicron threat, to make seven days home quarantine mandatory. The new guidelines will be effective from January 11 till further notice.
On Wednesday, the Prime Minister's rally in Ferozepur had to be cancelled due to a security lapse after some protesters blocked a route and forced his convoy to spend about 20 minutes on a flyover. The Prime Minister was enroute the National Martyrs Memorial at Hussainiwala when the incident happened.
On Thursday, senior BJP leaders including chief ministers of the party ruled states offered prayers at temples across the country for the well-being and long life of Prime Minister Modi after his security was breached in Punjab on January 5.
Most of these farmers had earlier stated that they were present at the spot but were not involved in the attack. They were, at that time, charged under bailable sections such as 'rioting' and 'voluntarily causing hurt' and were let off by the SIT officials under Section 41 of the CrPC.
The Congress is witnessing internal bickering on the issue of security breach of the Prime Minister and Congress MP from Punjab Manish Tewari has termed the incidence as most unfortunate and said the matter should be probed by a sitting High Court Judge.
