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.
Delhi Police had sought the custody of the arrested persons, which was granted by a duty magistrate on Tuesday. The four persons were arrested on Sunday night. Recently, a fresh case under the provisions of Unlawful Activities (Prevention) Act (UAPA) was lodged by the Delhi Police against the members of PFI, which was banned for five years by the Centre last week.
Punjab Police have arrested 5,824 drug smugglers, including 916 big fish, since July 5, Inspector General Sukhchain Singh Gill said here on Tuesday. He said 203 kg heroin was recovered. Additionally, 147.5 kg heroin was recovered by Punjab Police from seaports of Gujarat and Maharashtra, taking the total effective recovery of heroin to 350 kg in just three months.
Farmers under the aegis of Kisan Mazdur Sangarash Committee (KMSC) held protest and rail roko prorgramme at 17 different places in Punjab on Monday to mark the anniversary of Lakhimpur Kheri incident. It may be noted that 8 persons including four farmers had died during a protest in Lakhimpur Kheri on October 3, 2021.
Announcing this on the floor of Assembly, he said the farmers will get the additional amount under State Agreed Price (SAP) of sugarcane as compared to the last year. With this decision, the state government will spend additional Rs 200 crore annually to benefit the farmers.
Accordingly, the police registered a case under sections 302 (murder), 307 (atttempt to murder) and 34 (common intention) at the Adarsh Nagar police station and during investigation, it was revealed that deceased had a quarrel with the five accused classmates in their school, due to which they murdered him to take revenge, while they were going home.
Moving a resolution to this regard, Mann said that the main function of the Punjab State Vigilance Commission is to enquire or cause enquires into complaints alleging commission of offences by a public servant under the Prevention of Corruption Act 1988, Prevention of Corruption (Amendment) Act, 2018.
