Lakhimpur Kheri case: UP govt opposes Union minister's son's bail in SC
Darpan News Desk IANS, 19 Jan, 2023 11:32 AM
Lucknow, Jan 19 (IANS) In a surprise move, the Uttar Pradesh government, on Thursday, opposed the bail plea of Union Minister Ajay Kumar Mishra's son, who is one of the accused in the Lakhimpur Kheri violence case, in the Supreme Court.
Additional Advocate General for Uttar Pradesh Garima Prasad told a bench of Justice Surya Kant and Justice J.K. Maheshwari that the crime is "grave".
"It is a grave and heinous crime and (granting bail) will send a wrong signal to society," she said when asked for reasons to oppose the bail plea.
"We are taking prima facie view that he is involved and he is an accused and not innocent. Is it the state's case that he has attempted to destroy evidence?" the bench asked.
The court said about the grave and heinous crime there are two versions and it cannot comment on any of the versions.
The additional advocate general replied, "That has not happened till now."
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said grant of bail will send a terrible message to society.
"It is a conspiracy and a well-planned murder. I will show it from the charge sheet. He is the son of a powerful man being represented by a powerful lawyer," he said.
Senior advocate Mukul Rohatgi, appearing for the accused Ashish Mishra, strongly opposed Dave's submission and said, "What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?"
Rohatgi submitted that his client has been in custody for more than a year and the way the trial is going, it will take seven to eight years to complete it.
He pointed out that Jagjeet Singh, who is the complainant in the case, is not an eyewitness and his complaint is just based on hearsay.
"Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there are many people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?" Rohatgi said, adding that his client is not a criminal and there are no past records.
It may be recalled that on October 3, 2021, eight people were killed in Lakhimpur Kheri district's Tikunia in a violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.
Following the incident, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
On December 6 last year, a trial court had framed charges against Ashish Mishra and 12 others for the alleged offences of murder, criminal conspiracy and others in the case of death of the protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.
A total of 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.
The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam a.k.a Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar Trivedi, Rinku Rana and Dharmendra Banjara.
At the oath-taking venue, three podiums were set up on the stage. While the Governor and Mann were on the central podium, the second was occupied by Delhi Chief Minister Arvind Kejriwal and his cabinet, and the third by AAP's 91 legislators.
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.
