Lakhimpur Kheri case: SC to pronounce order on Wednesday on Ashish Mishra bail plea
Darpan News Desk IANS, 24 Jan, 2023 11:27 AM
New Delhi, Jan 24 (IANS) The Supreme Court would pronounce its order on Wednesday on the bail plea of Ashish Mishra, key accused in the 2021 Lakhimpur Kheri violence case and son of Union Minister Ajay Kumar Mishra.
According to the cause list uploaded on the apex court website, a bench comprising Justices Surya Kant and J.K. Maheshwari will pronounce the order on January 25.
The apex court had reserved its order on Mishra's plea on January 19.
Additional Advocate General for Uttar Pradesh Garima Prashad opposed Mishra's bail plea. She had submitted that it was a grave and heinous crime and granting bail will send a wrong signal to society.
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said grant of bail will send a terrible message to society.
"It is a conspiracy and a well-planned murder. I will show it from the charge sheet. He is the son of a powerful man being represented by a powerful lawyer," he said.
Senior advocate Mukul Rohatgi, appearing for Mishra, strongly opposed Dave's submission, saying: "What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?"
He submitted that his client has been in custody for more than a year and the way the trial is going, it will take seven to eight years to complete it.
He said that Jagjit Singh, who is the complainant in the case, is not an eyewitness and his complaint is just based on hearsay.
"Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there are many people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?" Rohatgi said, adding that his client is not a criminal and there are no past records.
On October 3, 2021, eight people were killed in Lakhimpur Kheri district's Tikunia in a violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.
Following the incident, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
On December 6 last year, a trial court had framed charges against Mishra and 12 others for the alleged offences of murder, criminal conspiracy and others in the case of death of the protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.
A total of 13 accused, including Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.
The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam a.k.a Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar Trivedi, Rinku Rana and Dharmendra Banjara.
A bench of Justices B.R. Gavai and B.V. Nagarathna said it will hear the matter on November 7. Senior advocate Mukul Rohatgi, representing Mishra, submitted that notice was already issued in the matter.
According to some reports, the first case of BF.7 has been detected by the Gujarat Biotechnology Research centre. This new Omicron variant is also considered to be highly infectious and has a greater transmissibility. Omicron sub-variants -- BA.5.1.7 and BF.7 -- after emerging from a region of Mongolia in China are now making their way to other parts and posing fresh threats.
Farmers stated that they have been protesting at zero point of Yamuna Expressway for the last three days for their various demands, yet they are being ignored. "The District Administration wants to forcefully end the protest, but we will not allow it to happen," they alleged. Recently, Rakesh Tikait, the national spokesperson of the Bharatiya Kisan Union, had also come to participate in this demonstration.
During the parole, he will be staying on the Dera's premises in Rajasthan. He has been lodged in Sunaria jail since 2017 after being convicted in rape and murder cases. Last year he was also released from the jail thrice for various reasons, including his plea to meet the ailing mother.
Shubham Garg, 28, who is pursuing PhD in mechanical engineering from the University of New South Wales, was stabbed multiple times on his face, chest and abdomen when he was walking along the Pacific Highway while returning to his place of residence.
The police said that they got the PCR call at around 11.15 p.m. that the flight which was coming from Moscow, and was scheduled to land at 3.20 a.m., had a bomb in it. After receiving the call all the security agencies were put on standby the whole night.
