New Delhi, April 18 (Agency) In a major rap to the Allahabad High Court, the Supreme Court on Monday cancelled bail granted to Lakhimpur Kheri violence accused and Union Minister’s son Ashish Mishra following a plea by families of victims, who were crushed under SUV. The top court also took a strong view of the high court order passed earlier, calling it one being granted in a hurry as it asked the Allahabad Bench to reexamine its order.
A three-judge bench headed by Chief Justice NV Ramana passed the order and directed Minister for State (Home) Ajay Mishra’s son to surrender within a week. It also asked the Allahabad High Court to examine afresh whether the accused should have been granted bail. The apex court said the “high court had considered irrelevant factors and showed unwarranted hurry to grant him bail”. The judgement came on the plea seeking direction for cancellation of Mishra junior’s bail. The victims’ families claimed that the Uttar Pradesh government has not supported “cancellation of bail in the case against the accused, Ashish Mishra”.
The apex court on April 4 reserved its order on the petition seeking the cancellation of bail granted to the prime accused in the violent incident of October 3, 2021, which claimed eight lives. The three-judge special bench headed by CJI Ramana, and also comprising Justices Surya Kant and Hima Kohli, reserved its judgement after hearing a detailed argument from the parties, including that of the petitioner (victim’s families), respondent and others. Senior advocate Dushyant Dave appearing for the petitioner, submitted before the apex court that the Allahabad High Court had made a grave mistake of considering the FIR (First Information Report) when the chargesheet has been filed.
He had also submitted that the high court had emphasised on bullet wounds and use of firearms rather than the act of crushing the protestors. Senior advocate, Mahesh Jethmalani appearing for the State of Uttar Pradesh submitted before the top court: “It is a grave offence”. Jethmalani submitted that the accused is not at a flight risk and the victims and witnesses were provided securities, so there was no possibility for evidence tampering. In October 2021, at the peak of a nearly a-year-long farm protest that started November 26, 2020, in a major violent incident in Lakhimpur Kheri district, four farmers were mowed down by an SUV while protesting Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. Video footage showed the SUV that allegedly belonged to Teni and Ashish Mishra was accused of being present in it while the incident happened. The bail to Ashish amid the Uttar Pradesh Assembly poll process raised a lot of questions.