Today(on 22nd April),Supreme Court flags concern over Ashish Mishra’s reported bail condition breach, limiting his UP visits to Lakhimpur trial. Mishra, son of Union Minister Ajay Kumar Mishra, granted interim bail.
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NEW DELHI: The Supreme Court, today(on 22th April), expressed concern over allegations that Ashish Mishra, the prime accused in the Lakhimpur Kheri killing case, had been violating his interim bail conditions by attending various functions in Uttar Pradesh. Mishra, who is the son of Union minister Ajay Kumar Mishra, was granted interim bail last year with the condition that he should not enter Uttar Pradesh except for the trial related to the Lakhimpur case.
Justices Surya Kant and PS Narasimha brought attention to the matter, stating that Mishra’s attendance at these events would breach his bail conditions.
The Court emphasized-
“If his physical presence is confirmed, it would indeed constitute a violation.”
The Lakhimpur Kheri case involves the death of farmers and a journalist who were allegedly mowed down by a vehicle driven and owned by Ashish Mishra. Advocate Prashant Bhushan, representing the victims’ family members, brought forth the allegation that Mishra had been violating his bail condition.
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Bhushan stated-
“Your Lordships, the terms of his bail only permit his presence in UP for trial. Yet, he has been engaged in several activities, including the distribution of tricycles in UP. It’s unclear how this has been allowed. I plan to submit an affidavit to address this matter.”
However, the counsel representing Mishra denied the allegations, claiming that-
“In our view, such an incident did not occur. I would not act foolishly to jeopardize freedom in such a manner. There’s a disparity between verbal statements exchanged during legal proceedings and written documentation. I have reservations about relying on videos.”
The Court asked Bhushan to submit an affidavit outlining his accusations, but today’s order did not officially record this. It’s noteworthy that Mishra received interim bail from the Supreme Court in January 2023. Initially, the Bench mandated that he could not reside in Uttar Pradesh or Delhi upon his release. However, later, he was allowed to visit and reside in Delhi to care for his ailing relatives.
The interim bail, originally sanctioned for eight weeks, has been extended continually thereafter. The Supreme Court has been closely overseeing the trial’s advancement. In a recent session, the Court scrutinized the progress report presented by the trial judge and voiced discontent over the purported lack of cooperation from the Public Prosecutor with the trial court.
The Court remarked-
“It appears that both the Public Prosecutor and the Police must implement efficient measures to ensure witness attendance, thereby preventing any unnecessary delays in the trial proceedings. The Registry is directed to provide a copy of the report to the Additional Advocate General of Uttar Pradesh for appropriate action and awareness.”
Furthermore, the Court noted that two witnesses had expressed their unwillingness to depose due to ill health.
The Lakhimpur Kheri case dates back to October 3, 2021, when violence erupted during a protest by farmers against the now-revoked farm laws, resulting in the death of eight people in Lakhimpur Kheri, Uttar Pradesh. The protestors had obstructed the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who had planned to attend an event in the area.
Subsequently, the Uttar Pradesh Police’s special investigation team (SIT) filed a 5,000-page chargesheet before a local court, naming Ashish Mishra as the prime accused in the case. In November 2021, a trial court rejected Mishra’s application for bail, leading him to approach the Allahabad High Court.
Initially, the High Court granted bail to Mishra on February 10, 2022, stating the possibility that the driver of the vehicle, which mowed down the protesting farmers, accelerated to save himself. However, the Supreme Court canceled the bail granted by the High Court in April 2022 and remanded the matter back to the High Court for fresh consideration.
ALSO READ: SC disbands SIT in Lakhimpur Kheri violence
On July 26, 2022, the High Court denied Mishra bail, prompting him to file an appeal before the Supreme Court. Meanwhile, in December 2022, the trial court in Uttar Pradesh framed murder charges against Mishra. The charges include rioting, murder, attempt to murder, criminal conspiracy, and other relevant sections of the Indian Penal Code.
Case Title:
Ashish Mishra Alias Monu vs State of UP
