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Lakhimpur Kheri case: Supreme Court issues notice to UP govt on Ashish Mishra’s bail plea
The Supreme Court on Tuesday sought a response from the Uttar Pradesh government on a bail plea by Ashish Mishra, accused of mowing down four farmers during an agitation in Lakhmipur Kheri last year
New Delhi: The Supreme Court on Tuesday sought a response from the Uttar Pradesh government on a bail plea by Ashish Mishra, accused of mowing down four farmers during an agitation in Lakhmipur Kheri last year.
“We will issue notice. Let the state government respond by the next date,” a bench of justices Indira Banerjee and MM Sundresh said while posting the matter for hearing on September 26.
Mishra, the son of Union minister of state for home affairs Ajay Mishra Teni, approached the top court soon after the Allahabad high court on July 26 declined to release him on bail.
Eight people were killed in Lakhimpur Kheri on October 3 last year during violence that erupted when farmers were protesting against state’s deputy chief minister Keshav Prasad Maurya’s visit to the area. Four farmers were mowed down by an SUV, in which accused Ashish Mishra was allegedly seated.
Senior advocates Mukul Rohatgi and Ranjit Kumar, appearing for Mishra, told the court that the high court failed to consider that it was not an incident where the car belonging to the applicant’s father mowed down farmers who were protesting, as projected by the prosecution.
“One version is that the vehicles came at break neck speed in which three persons were killed. But there is also another version that there was a fracas as the car belonging to the accused hit some persons,” Rohatgi said. “Soon the crowd turned violent and the protesters pulled out the car driver and killed him.”
Three persons sitting in the vehicle sustained grievous bodily injuries, Rohatgi said, adding that the deaths caused by the car hitting the members of the crowd could be as the driver sustained head injuries and lost mental equilibrium resulting in the fatal deaths.
“No criminal liability can be attributable against the owner (Mishra) of the vehicle in any manner, especially when the driver has been done to death by the furious mob,” the petition said. “The individual criminal liability after his (driver) death shall stand abated under criminal jurisprudence.”
In his petition, Mishra further said there were sufficient circumstances in favour of granting him bail as there is no scope of “hampering and tempering” with the witnesses or evidence as all 98 witnesses are being provided security and there is round-the-clock vigil around their houses by local police.
The high court order of July 26 said: “Taking into consideration the complicity of the applicant, there being apprehension of the witnesses being influenced, severity of punishment as drawn from the nature and gravity of the accusations, without expressing any opinion on the merits of the case, I do not find it a fit case for bail.”
Mishra was arrested on October 9, 2021 in connection with the Lakhimpur Kheri violence. The Uttar Pradesh police in their charge sheet claimed that the killings were “pre-planned”. According to police, Mishra arrived in a Mahindra Thar (SUV) along with a convoy of three-four cars and mowed down protesting farmers who gathered to voice their opposition against the now-repealed farm laws. They were awaiting the arrival of deputy CM Maurya. Four of the protesting farmers were killed, following which three occupants from the jeep were pulled out and thrashed resulting in their death.
On April 18, the Supreme Court directed the Allahabad HC to decide afresh on Mishra’s bail after the bail granted to him in February was challenged by the victims in the top court. The matter was returned to the high court with a direction to decide the matter within three months.
The Supreme Court in November last year constituted a special investigation team (SIT) to carry out further probe in the case. It appointed a retired judge of the Punjab and Haryana high court — justice (retired) Rakesh Jain — to monitor the investigation.
