New Delhi: The Supreme Court on Wednesday, March 30, told the Uttar Pradesh government that in two reports the retired judge who is monitoring the Special Investigation Team probe into the Lakhimpur Kheri violence case had sought cancellation of bail to prime accused Ashish Mishra.
The apex court has asked the Uttar Pradesh government to respond by April 4.
On October 3 last year, a car purportedly belonging to Ashish, who is the son of Minister of State for Home, Ajay Mishra, ran over four farmers protesting against a now-repealed central law on October 3, 2021, in what the Special Investigation Team called a “planned conspiracy“. The ensuing violence caused the death of a journalist and three others.
Mishra was granted bail by the high court on February 10, the day of the first phase of the seven-phased Uttar Pradesh’s assembly polls. Lower courts had earlier rejected Ashish Mishra’s bail plea. He was released from prison on February 15.
A bench headed by Chief Justice N.V. Ramana said the monitoring judge had written to the state for cancellation of bail granted by the Allahabad high court to Ashish Mishra in connection with the case.
“There are two letters sent by the SIT to the additional chief secretary (home) of the Uttar Pradesh government by the monitoring judge who had written to state to file appeal in SC to cancel bail of main accused Ashish Mishra,” the bench also comprising Justices Surya Kant and Hima Kohli said.
The top court had appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana high court to supervise on day-to-day basis the Uttar Pradesh SIT’s probe into the Lakhimpur Kheri violence.
“What’s your stand?” CJI Ramana asked senior advocate Mahesh Jethmalani who was appearing for the state government.
Jethmalani took instructions and informed the apex court that the Additional Secretary, Home, has stated now “that he did not receive the letters.”
The bench then asked him to go through the reports submitted by the SIT and respond to it by April 4.
Senior advocate Dushyant Dave, appearing for the petitioners, submitted that the Uttar Pradesh government has submitted that they had opposed the bail in the high court.
“It is imminent that the bail be cancelled or set aside in these circumstances as the HC verdict suffers from non application of mind,” he said.
Lawyer Prashant Bhushan had filed a plea challenging Ashish Mishra’s bail for Jagjeet Singh, Pawan Kashyap and Sukhwinder Singh, all family members of farmers who were killed in the Lakhimpur Kheri violence.
“The high court, while granting the bail, did not follow the law laid down and did not consider aspects like tampering with evidence and fleeing from justice,” Bhushan had submitted, adding, “The problem is that other accused are also moving.”
The three family members have sought a stay on the February 10 bail order of the the high court, saying the verdict was unsustainable in the eyes of law as there has been no meaningful and effective assistance by the state to the court in the matter.
(With PTI inputs)