Lakhimpur Kheri violence: On plea to cancel MoS Mishra son’s bail, SC seeks UP govt stand

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A bench presided by Chief Justice of India N V Ramana pointed out that “it appears from the report of the monitoring judge that he recommended filing appeal for cancellation of bail”.

The bench, also comprising Justices Surya Kant and Hima Kohli, asked senior advocate Mahesh Jethmalani, appearing for the state of UP, “What is your stand?”

On November 17, 2021, the top court had appointed former Punjab and Haryana High Court judge, Justice Rakesh Kumar Jain, to monitor the probe by the Special Investigation Team (SIT) in the case.

Jethmalani said he will have to get instructions.

Justice Surya Kant pointed out that the SIT had sent two letters on this to UP’s Additional Chief Secretary, Home. The bench said it found these letters mentioned in Justice Jain’s report.

After taking instructions, Jethmalani said the Additional Chief Secretary doesn’t seem to have received the letters and sought time to respond.

Appearing for the petitioners, senior advocate Dushyant Dave sought a stay on the High Court order granting bail to Ashish Mishra and said the HC order suffers from non-application of mind.

Ashish was granted bail by the Lucknow bench of Allahabad HC on February 10.

The kin of some of the victims subsequently moved SC, seeking cancellation of the bail. They claimed that after Ashish’s release, one of the witnesses in the case was attacked on March 10 and the attackers threatened him, purportedly saying that “Ashish Mishra is out on bail and the ruling party has also won the election, and they will see him”.

In an affidavit filed before SC, the State rubbished the charges and said the March 10 incident had nothing to do with the case, as alleged. It was the “outcome of an altercation after some people threw ‘gulal (powdered colours)’ on the witness”, the UP government stated in the affidavit.

It said that during the course of the investigation, “Gunner Manoj Singh (assigned to protect him as per this court’s orders)…as well as 3 independent eyewitnesses to the incident were examined, and all four stated that the incident occurred suddenly due to an altercation” between the witness “and the attacker party over throwing of ‘gulal’ on him”.

Four protesters against the now-repealed farm laws were killed when a convoy of vehicles, including one belonging to Union MoS Ajay Mishra, ran over them on October 3, 2021. Two BJP workers, driver of one of the vehicles, and a journalist were also killed in the ensuing violence.

The bench will hear the matter next on April 4.