Lakhimpur Kheri violence case: SC declines to cancel bail granted to Ashish Mishra, cites police report

On Monday, the bench said, “The police have filed a status report in which the first two allegations have not been substantiated.” The report, the court pointed out, said that photographs from October 2021 “have been wrongly used to project that the petitioner was present on October 2, 2024.”

Four anti-farm law protesters were killed when a convoy of vehicles, including one belonging to Ashish Mishra’s father and former Union minister of state for home Ajay Mishra, ran them over on October 3, 2021. In the violence that ensued, two BJP workers, the driver of one of the vehicles, and a journalist were killed.

Appearing for the petitioners who sought cancellation of Ashish Mishra’s bail, advocate Prashant Bhushan had also referred to an audio conversation between the husband of a BJP officer-bearer with Tejinder Singh, terming it an attempt to influence the witness.

The bench, however, said the police report had pointed out that the alleged conversation was immaterial as the examination in chief and cross-examination of the said witness had already been completed. The bench, accordingly, gave liberty to Singh to submit a complaint to the police which, it said, shall be investigated dispassionately and influenced by conclusions drawn by the police in the status report.

Bhushan said the conversation was serious and the witness was told not to appear for the hearing and seek adjournment.

Appearing for Ashish Mishra, Senior Advocate Siddharth Dave urged the court to say something given that the time of the court and the police were being wasted pursuing baseless allegations. “Every time this is said and then proved false. Something must be said. This is meant for media and for outside,” he submitted.

Remarking in a lighter vein that counsel arguing criminal cases should not be emotional, Justice Kant added, “We have rejected those allegations.” Dave added: “They want me to be convicted without trial.”

On a request by the senior counsel, the court, meanwhile, also allowed Mishra to visit Lakhimpur Kheri to be with his family on the day of the Ram Navami festival but laid down a condition. “Petitioner is permitted to visit Lakhimpur Kheri on April 5, celebrate Ram Navami on April 6 2025…strictly with his family members and close relatives. No political worker or public shall be associated in such celebrations. He shall be required to return to Lucknow on April 7 before 5 pm,” it said.

The Allahabad High Court had initially granted bail to Ashish Mishra in the case but the apex court set aside the high court order after the kin of some of the deceased approached it. The matter was sent back to the high court which after a rehearing, dismissed the bail plea.

Subsequently, the Supreme Court granted him interim bail in the case on January 25, 2023. This was extended from time to time and made absolute on July 22, 2024.

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