The prime accused in Lakhmipur Kheri violence Ashish Mishra, son of Union minister Ajay Mishra Teni, “is not a flight risk”, the Uttar Pradesh government told the Supreme Court on Monday while responding to a petition by the families of farmers killed on October 3. 2021, the incident which was challenging the bail granted to Mishra by the Allahabad High Court.
Stating that the crime was “serious”, the state government told the court that “no words are enough” to condemn it. It also argued that it had “strongly” opposed the bail in the High Court.
However, there is no risk of Ashish Mishra taking off and security has been provided to the witnesses, the Uttar Pradesh government submitted. The Supreme Court on Monday reserved its order in appeal after a lengthy hearing of the matter by a bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Justice Hima Kohli.
The Bar and the Bench pointed out that senior advocate Mahesh Jethmalani, appearing for the Uttar Pradesh government, submitted that the state has provided comprehensive protection to all the 97 witnesses.
Subsequently, CJI Ramana asked Jethmalani to clarify the state’s stand whether he was supporting or opposing the bail plea. The CJI remarked, “Last time we asked you, you said you opposed bail. Yes, we have strongly opposed it,” Jethmalani said. “We are not forcing you (UP state) to file SLP. But what is your stand?” the CJI asked.
Jethmalani said the Special Investigation Team (SIT) probing the case had asked the state to appeal against the Allahabad High Court verdict, but it did not impress the government.
Meanwhile, senior advocate Dushyant Dave, representing the families of the victims, submitted that the High Court while granting bail to Mishra failed to consider the relevant facts and the order “suffers from gross non-use of mind.”
On October 3 last year, eight people were killed during violence in Lakhimpur Kheri, when farmers were protesting against the now repealed agricultural laws. The protesters had disrupted the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who was planning to attend an event in the area.
A four-wheeler belonging to Mishra, son of Union Minister Ajay Mishra Teni, allegedly rammed and killed eight people, including the protesting farmers.
The Allahabad High Court, while granting bail to Mishra on February 10, said there could be a possibility that the driver of the vehicle, which crushed the protesting farmers, may have accelerated the vehicle to save himself.
The SIT probing the case told the apex court on Monday that it had twice recommended to the Uttar Pradesh government that Ashish Mishra’s bail be canceled.
In its report submitted before the apex court, the team said: “The head of the SIT has written to the Additional Chief Secretary, Home Department, Uttar Pradesh on 10/02/2022 and 14/02/2022 respectively, requesting an urgent appeal in the Hon’ble FIR No. 219/2021 is the view of the order passed by the Supreme Court dated 26/10/2021 to cancel the bail of the accused in view of the ongoing investigation and threat to the witnesses including 98 witnesses providing protection. By.”
Based on the evidence on record, the SIT has further stated in its report that the presence of prime accused Ashish Mishra and others at the scene of the incident is substantiated.
Further, the SIT said that 13 accused (and three dead accused) arrived at the crime scene in a pre-planned manner by using three vehicles in a convoy and driving them at very high speed on a narrow road that was full of people. Went. The protest, Live Law reported.
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