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.
A day earlier, Sonia Gandhi asked party chiefs Sidhu in Punjab, Ganesh Godiyal in Uttarakhand, Ajay Kumar Lallu in Uttar Pradesh, Girish Chodankar in Goa and Nameirakpam Loken Singh in Manipur to resign. Sidhu, once a Chief Minister aspirant, faced defeat from his stronghold Amritsar (East) seat.
Senior advocate Dushyant Dave, representing the family members, submitted before a bench headed by Chief Justice N.V. Ramana that on March 10, a protected witness in the case had been attacked and the state government did not file an appeal challenging the bail granted to Misra in the case.
The SAD also announced the expulsion of Kalka from the primary membership of the party, besides dissolving the party's Delhi unit. It also announced the formation of a five-member ad hoc committee headed by veteran leader Avtar Singh Hit, and comprising Harinder Singh Kaypee, Bhupinder Singh Anand, Gurdev Singh Bhola, and Ravinder Singh Khurana.
In December last year, the Supreme Court had said it expects a fair investigation and investigating agencies should be neutral, as it asked Delhi Police to conclude the probe, by December 15, in a case against Singh.
Amid a call for leadership change in the party, Congress General Secretary in-charge of Uttar Pradesh Priyanka Gandhi Vadra has called a meeting of party leaders on Tuesday to find out the reasons for the defeat. The Congress could only get just over 2 per cent votes and two seats in the Uttar Pradesh polls.
The plea argued that the high court granted bail without considering the heinous nature of the crime and also in the backdrop of overwhelming evidence against the accused in the charge sheet. The plea further argued that there is likelihood of the accused tampering with the witnesses and causing obstruction in justice.
