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SC declines Ajay Mishra’s plea to shift appeal against acquittal in murder case
In 2004, the UP court acquitted Ajay Kumar Mishra of murdering a youth leader in January 2000. An appeal filed by the victim’s brother and later the UP government against the acquittal has been pending for nearly 18 years
NEW DELHI: The Supreme Court has declined to transfer an appeal against the 2004 acquittal of Union minister of state for home affairs Ajay Mishra ‘Teni’ in a murder case from the Allahabad high court’s Lucknow bench to the principal bench in Prayagraj.
The minister requested transfer of the criminal appeal against his acquittal on the ground that the senior lawyer “who has to argue the matter at Lucknow was ordinarily based at Allahabad and because of his old age it would not be possible for him to go all the way to Lucknow for arguments”.
A bench of Chief Justice of India Uday Umesh Lalit and justice Bela M Trivedi declined the request on October 21.
“In our view, a request to the High Court to hear the appeal for disposal on November 10, 2022, the date given by the High Court and agreed upon by both the learned senior counsel would serve the ends of justice,” the bench said, according to the order uploaded this week.
“In case the learned senior counsel (representing Mishra) is unable to come down to Lucknow, a request for allowing said counsel to make submissions through videoconferencing may be considered by the High Court,” the top court said.
The minister earlier made the request for the transfer of the case to the Allahabad high court but the plea was turned down by an administrative order by the chief justice of the high court on August 24. The Union minister subsequently approached the Supreme Court.
Ajay Kumar Mishra, who represents the Kheri Lok Sabha seat, was an accused in the murder case of Prabhat Gupta, 24, who was shot dead in the Tikunia area of Lakhimpur Kheri district on January 8, 2000. The trial court acquitted him in 2004, a verdict challenged by Prabhat Gupta’s brother Pramod and the state government the same year.
The bench headed by CJI UU Lalit also took up a writ petition filed by Pramod Gupta, complaining that the appeal before the high court was being held up for one reason or the other by the accused who wields influence and power. He underlined that the appeal against the acquittal was last heard by the high court in March 2018 and no judgment has been delivered.
The top court said: “The instant writ petition has been filed by the complainant seeking directions that the matter which is pending consideration before the High Court and which is getting repeatedly adjourned be directed to be listed and heard at an early date.”
The bench, however, said that it did not “wish to go into all these issues.”
Senior advocates JM Sharma and VB Gupta appearing for the complainant and senior advocate Sidharth Dave appearing for the Union minister accepted the via media suggested by the bench to request the high court to take up the appeal on November 10 while keeping the option open for Mishra’s lawyers to argue through videoconferencing.
The minister and his son Ashish Mishra have been at the centre of controversies after his son was accused of running over four farmers during the anti-farm law protests at Lakhimpur Kheri on October 3, 2021.
Ashish Mishra, who was arrested on October 9, was initially granted bail by the Allahabad high court in February this year but the Supreme Court set it aside in April at the instance of the families of victims who said they were not heard by the high court before passing the order. Ashish Mishra’s subsequent bail petition was rejected by the high court and the appeal filed by the minister’s son is pending before the Supreme Court.
