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.
Rahul Gandhi, Priyanka Gandhi and other leaders met the family of deceased farmer Lovepreet at the Chaukhada farm in Palia at around 9 p.m. on Wednesday. They later met the family of journalist Raman Kashyap, who was also killed in violence.
9 persons, including four farmers, were killed in the violence that had erupted during a farmers' protest in Lakhimpur Kheri. A bench headed by Chief Justice N.V. Ramana and comprising justices Surya Kant and Hima Kohli will hear the matter on Thursday. The matter has been listed as 'violence in Lakhimpur Kheri (UP) leading to loss of life'.
Canadian MP Tim S. Uppal said he was shocked to learn about the brazen attack on protesting farmers. Another Canadian MP Ruby Sahota said she was heartbroken to learn about the violence directed at protesting farmers.
The demand made by citizens primarily mirrored their right to clean air and the right to breathe, underlining the reality that Punjab is home to some of India's most polluted towns, including Mandi Gobindgarh, Amritsar, Jalandhar, Ludhiana, Khanna, and Patiala.
The case was assigned to the division bench of Justices A.G. Masih and Ashok Kumar Verma. Earlier, the case was being heard by the bench of Justices Rajan Gupta and Ajay Tewari but the latter recused himself from hearing the case on September 1.
Furnishing details about the incident, Additional DCP-2 Nishant Gupta told IANS that they had received information about a firing incident in the northeast Delhi area on October 1.
