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.
Denying bail to the jeweller Dev Varma (40), Chief metropolitan magistrate Pankaj Sharma said in the Monday's order that some of the expensive jewellery in connection with the crime was yet to be recovered and pointed out the Delhi Police's stand in the matter.
Orthopedic specialist Dr. Satish Kumar Poonia working in Ringus CHC, his wife Sarita Poonia, son Raja alias Daksh (14), Poonia's brother-in-law Rajesh Devanda (35) and Rajesh's wife Reena died in accident. The search is on for the doctor's two-year-old daughter Rajvi and her brother-in-law's elder brother's 4-year-old daughter Gudiya in the canal.
As per the latest findings of the Comptroller and Auditor General of India, the state's financial crisis is set to worsen with the debt likely to reach Rs 3.73 lakh crore by 2024-25.
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.
A local court on Monday remanded Abhishek Hiremath, the accused youth whose objectionable social media post allegedly triggered large-scale violence in Hubballi, to judicial custody till April 30. Prohibitory orders have been clamped in the city till April 20 and as many as 100 persons detained in connection with the violence.
Punjab Police have solved the hand-grenade attack at Crime Investigation Agency (CIA) office in Nawanshahr by busting a major Pakistan-based terror module run by Harvinder Singh, alias Rinda, with the arrest of its three operatives, said Director General of Police V.K. Bhawra here on Monday.
