On Wednesday, 30th March 2022, the Supreme Court (SC) appointed a monitoring committee to monitor the Special Investigation Team (SIT) recommended cancellation of Ashish Mishra’s bail plea. The SC told the State of Uttar Pradesh (UP) that it should file an appeal challenging the Allahabad High Court (HC) order granting bail to the prime accused in the Lakhimpur Kheri case which resulted in the death of eight people.
It is to be noted that the SC had previously appointed former judge of the Punjab and Haryana High Court, Justice Rakesh Kumar Jain as a monitoring judge to monitor the investigation of the SIT on the Lakhimpur Kheri case and the SC had also reconstituted the SIT for a fair investigation.
A bench led by the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli told the Senior Advocate Mahesh Jethmalani who was appearing for the UP Government that the report submitted by the monitoring judge revealed that the SIT had recommended challenging the bail order of Mishra. The SC further had sought a response from the State Government on the report.
Moreover, Justice Surya Kant also indicated that the Head of the SIT had also sent letters, recommending the state government file an appeal, to the Home Minister of UP
. After which the Senior Advocate Jethmalani sought time and told that he had not seen the letters. Later the Court said the report would be given to State and petitioner. Nevertheless, the state did not file an appeal challenging the bail yet.
The HC verdict and appeal:
Stating that the driver of the vehicle went faster so as to save himself which led to the killing of protesting farmers, the Allahabad High Court granted bail to the prime accused Ashish Mishra on February 10, 2022.
Soon after the verdict, the family of the people killed in the Lakhimpur Kheri incident reached out to the SC and appealed for the cancellation of bail.
Senior Advocate Dushyant Dave, appearing for the petitioners, criticised the High Court order granting bail to Ashish Mishra, son of the Minister of State in Union Home Ministry, Ajay Mishra Teni. He also said that the State Government in High Court has submitted their opposition to the bail and added that the bail should be cancelled or set aside immediately.
Besides, the court will hear the matter on 4th April 2022, Monday.
The Denial of Claims:
The Advocate Prashant Bhushan previously had claimed that one of the witnesses in the Lakhimpur Kheri case was attacked.
The state denied the claims explicitly that there was a connection between the release of Ashish Mishra on bail and the attack on a witness. Following that the SC issued a notice to the UP government and directed it to ensure that all the witnesses are being protected.
Denying the claims that the state did not adequately oppose the bail application of Ashish Mishra in the Lakhimpur Kheri case, the State government filed an affidavit in the SC and also said that all the 98 witnesses have been given enough security.
The Lakhimpur Kheri Case:
When the farmers were protesting against the recently retracted Farm Bill and against the visit of UP Deputy Chief Minister Keshav Prasad Maurya to Lakhimpur Kher on 3rd October 2021, Ashish Mishra’s four-wheeler SUV sped up and killed nearly eight people and even protesting farmers.
After a chain of events, especially after critical remarks of the SC, the UP police arrested Ashish Mishra.
Published by : Aditya Andharia
Edited By : Kritika Kashyap
