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Lakhimpur Kheri case: Supreme Court reserves order in Ashish Mishra’s bail plea
The Supreme Court reserved its order on the bail petition of Ashish Mishra in connection with the Lakhimpur Kheri violence, after the Uttar Pradesh government said the case involved a heinous offence
New Delhi: The Supreme Court on Thursday reserved its order on the bail petition of Ashish Mishra, son of Union minister Ajay Mishra, in connection with the Lakhimpur Kheri violence, after the Uttar Pradesh government said the case involved a heinous offence.
Ashish Mishra approached the apex court against rejection of his bail by the Allahabad high court on July 26 last year. He was accused of travelling in a car that mowed down four farmers in October 2021 while they were protesting against the now-repealed farm laws. Mishra claimed it was a case of cross-FIR as farmers attacked his car and even killed two occupants.
“If this court rejects bail, we have serious doubts they (accused) will be given bail. The accused may be languishing in jail,” said a bench of justices Surya Kant and JK Maheshwari, while reserving its order.
The state government, represented by additional advocate general (AAG) Garima Parshad, informed the court that the case involved a heinous offence and the presence of Mishra at the incident spot was testified by witnesses in the case.
To this, the bench said, “If he is guilty, based on evidence, law will take its own course. We are at the stage of bail.”
The court noted that the same incident resulted in two FIRs – one involving the death of farmers and the other where four farmers are accused and in custody. In each case, there are over 200 witnesses and as per a report received by the top court from the trial judge hearing the two cases, the trial against Mishra and others would take at least five years.
The deceased farmers’ families, represented by senior advocate Dushyant Dave, submitted that the Supreme Court has held that heinous offences deserve no bail. “He (Mishra) is a powerful minister’s son who is represented by powerful lawyers. We cannot shut our eyes to what powerful people can do to a trial,” said Dave. “From my four decades of experience at the bar, I can say, this trial will never see the light of the day.”
The bench told Dave: “Father is not an accused and he is still in power...It is a case of balancing rights of parties. State has to ensure a fair trial as interests of society is involved. At the same time, the accused has rights and he cannot be incarcerated for long.”
Mishra, represented by senior advocate Mukul Rohatgi, told the court that because he is a minister’s son, he should not be denied bail. He also submitted there was no allegation of tampering of evidence and his client had no past criminal antecedents. “This has happened in the heat of the moment and is not a diabolical murder... The entire argument by the other side is of revenge to keep me in jail,” said Rohatgi.
The state government told the court, “There is no tampering of evidence but this is a grave and heinous crime. If bail is granted, this will send a wrong message to the society.”
To this, the bench remarked, “Prima facie he is an accused. There is no question of treating him as innocent. There is something against him, no doubt about that. But there are two versions, both having the same genesis. Which version is correct will be subject matter of trial.”
The state government had earlier informed that a total of 98 witnesses have been provided security, of which 79 are from Kheri district. Mishra was arrested on October 9, 2021. In February last year, he was granted bail by the Allahabad high court, but the order was set aside by the top court on April 18 on a plea by the victims’ kin. The Supreme Court directed the high court to decide the matter afresh, which resulted in the July order that has been challenged by Mishra in the top court.
