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.
The local people and Bishal's family members claimed that he was found with multiple wounds on Wednesday. It is alleged that Bishal was killed for not agreeing to convert to Christianity in order to marry his tribal girlfriend. Though the police are yet to confirm whether the youth was killed or committed suicide, they have arrested five people in connection with the case.
According to a source with the Ministry, the diplomats see it as a question of credibility and said that such tall claims should be avoided as it hurts the credibility of the country and the government too. The source said that it has left the diplomats embarrassed.
During the intervening night of September 13 and 14, on a specific intelligence input, the ICG strategically deployed two fast interceptor class of ships, C-408 and C-454 for patrolling in areas close to the IMBL. During midnight, the Pakistani boat was observed moving suspiciously in Indian waters, 5 nm inside notional IMBL and 40 nm from Jakhau.
Shiromani Akali Dal (SAD) President Sukhbir Singh Badal said on Wednesday that the Aam Aadmi Party (AAP) government in Punjab is raking up the Kotkapura and Behbal Kalan cases purely to divert people's attention from its 'scandals'. The SAD chief, who was questioned by the SIT regarding the Kotkapura firing case which occurred in 2015, said all police actions are part of a laid down procedure.
Earlier in the day amid allegations of the BJP attempting to bring down the Aam Aadmi Party (AAP) government in Punjab, the AAP said it has filed a formal complaint, along with all proof, with Director General of Police Gaurav Yadav for a fair probe into threats and money offers to its legislators.
The G20 Leaders' Summit at the level of Heads of State Government is scheduled to be held on September 9-10, 2023 in New Delhi, said the Ministry statement. The G20 is an inter-governmental forum of the world's major developed and developing economies.
