Lakhimpur Kheri case: UP govt opposes Union minister's son's bail in SC
Darpan News Desk IANS, 19 Jan, 2023 11:32 AM
Lucknow, Jan 19 (IANS) In a surprise move, the Uttar Pradesh government, on Thursday, opposed the bail plea of Union Minister Ajay Kumar Mishra's son, who is one of the accused in the Lakhimpur Kheri violence case, in the Supreme Court.
Additional Advocate General for Uttar Pradesh Garima Prasad told a bench of Justice Surya Kant and Justice J.K. Maheshwari that the crime is "grave".
"It is a grave and heinous crime and (granting bail) will send a wrong signal to society," she said when asked for reasons to oppose the bail plea.
"We are taking prima facie view that he is involved and he is an accused and not innocent. Is it the state's case that he has attempted to destroy evidence?" the bench asked.
The court said about the grave and heinous crime there are two versions and it cannot comment on any of the versions.
The additional advocate general replied, "That has not happened till now."
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 the accused Ashish Mishra, strongly opposed Dave's submission and said, "What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?"
Rohatgi 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 pointed out that Jagjeet 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.
It may be recalled that 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 Ashish 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 Ashish 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.
Meanwhile, a polygraph test on Aaftab is presently underway at the forensic science laboratory (FSL) in Rohini. Official sources said that a pre-medical session to gain some preliminary information which will be later used to develop diagnostic questions, as well as a scientific session was conducted on Aaftab at the FSL office on Tuesday evening.
According to the Chief Minister, Thal Shadap, 45, Nikhasi Dhar, 65, and Sik Talang 55, died on the spot, while Tal Nartiang, 40 and Chirup Sumer, 40 succumbed to their injuries in the hospital.
The Income Tax Department on Tuesday said that it has unearthed unaccounted transactions exceeding Rs 100 crore during searches on a few groups engaged in jewellery and real estate business across the country in connection with alleged tax evasion. According to an official, on November 17, the searches were carried out in more than 30 locations spread across Patna, Bhagalpur, Dehri-on-Sone, Lucknow and Delhi.
In the video that is now viral on social media, Rashid can be heard saying that "when one is in a fit of rage, he can cut anyone into 36 pieces, instead of just 35." When asked whether he was justifying the murder, Rashid says that 'It happens'.
Phogat had come to Goa on August 22 and was staying at a hotel in Anjuna. She felt uneasy that night and the next morning, she was taken to St. Anthony hospital in Anjuna where she was declared brought dead.
Besides, the VB has also initiated proceedings in the court against three accused -- R.K. Singla, Deputy Director with the food and civil supplies, and Pankaj Kumar and Inderjit Singh, both personal assistants of former food and civil supplies minister Ashu -- to declare them as proclaimed offenders.
