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.
Presiding over a meeting here with representatives of the Bhartiya Kisan Union (Doaba) and the Sandhar Sugar Mill of Phagwara, the minister categorically directed the officers concerned to ensure that of the Rs 72 crore payment due (since the last three years) towards the farmers, Rs 22 crore must be realized soon and credited into the accounts of farmers by selling the property of the mill at Bhuna in Haryana.
Padma Shri Sahney made this announcement before taking oath of office in Parliament. Before the oath, he took part in 'kirtan' and 'ardaas' organised at Gurdwara Rakab Ganj Sahib here. On the occasion, Sahney announced that he will donate all his and staff salary of his tenure for the education of economically weaker students.
Mann said the 254-km long Delhi-Katra highway will be constructed at a cost Rs 11,510 crore and will pass through nine districts of the state -- Jalandhar, Sangrur, Malerkotla, Patiala, Kapurthala, Ludhiana, Amritsar, Tarn Taran and Gurdaspur.
In a status report before Justice Anoop Chitkara's Bench, Deputy Superintendent of Police (DSP) Sukhnaaz Singh said in view of the facts and circumstances, it is evident that there is sufficient prima facie evidence on record which reveals that the petitioner is the main conspirator, who hatched conspiracy with Gaurav Patial (accused) for eliminating Middukhera.
In January 2019, a special CBI court in Panchkula also sentenced Rahim and three others to life imprisonment for the murder of journalist Ram Chander Chhatrapati over 16 years ago. His conviction on August 25, 2017 had led to violence in Panchkula and Sirsa, leaving 41 people dead and over 260 injured.
According to customs officials, "The gold was in the form of a paste which was wrapped in black tape in two packets. The total weight of the packets was 433 grams. After removing the tape and other impurities from gold, it weighs 397 grams."
