The Supreme Court Today (Mar 24) denied canceling Ashish Mishra’s bail in the Lakhimpur Kheri violence case. It allowed him to visit for Ram Navami but ordered a speedy trial and protection of key witnesses.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court of India today clearly said no to a request to take back its earlier decision of giving bail to Ashish Mishra, the son of former Union Minister Ajay Mishra. This case is connected to the Lakhimpur Kheri violence where Ashish Mishra is accused of serious crimes, including the killing of protesting farmers in 2021.
The new request to cancel his bail came because there were claims that some witnesses were being forced or threatened. But the Court looked into the police report and found no strong proof that someone close to Ashish Mishra tried to pressurize any witness.
The Bench of Justices Surya Kant and N Kotiswar Singh carefully reviewed the report submitted by the Superintendent of Police of Lakhimpur Kheri, but it did not support the serious allegations that witnesses were being threatened. Even though the Court did not cancel the bail, it gave the affected witness the right to go and complain to the local police station. The Court made it clear that any such complaint must be checked in a fair and independent way.
“Let trial proceed and since next date is on April 16, and let examination be prioritized of eye witnesses and crucial witnesses. Let the schedule of same be placed before next date,”
-the Supreme Court said while giving directions to ensure a smooth and quick trial process.
Back in November 2024, the Supreme Court had already asked Ashish Mishra to reply to these kinds of allegations when an application was filed in his ongoing bail plea. At that time too, the Court had told the Superintendent of Police to look into it properly. On this Monday, the police finally gave their report.
ALSO READ: [Lakhimpur Kheri Violence Case] Supreme Court Grants Bail to Ex-Minister’s son
Advocate Prashant Bhushan, who is representing the people who are against Mishra’s bail, pointed out something very serious. He said,
“The transcript of conversation shows a BJP person trying to influence the witness. The police says identity not known.”
This means that in a phone conversation, someone from BJP seemed to be putting pressure on a witness, but the police claimed they did not know who the person was.
On the other side, Senior Advocate Siddharth Dave, who is representing Ashish Mishra, rejected all such allegations. He said the claims were not true. After reading the police report and listening to both sides, the Supreme Court responded by saying,
“If you are aggrieved, then you can move the application.”
This means if someone is unhappy or feels injustice, they are free to file a proper application again.
Ashish Mishra is accused of being involved in the death of four farmers who were protesting in Lakhimpur Kheri, Uttar Pradesh in 2021. The farmers were standing against the now-cancelled farm laws. During that violent incident, a total of eight people, including a journalist, lost their lives.
The matter was taken very seriously and a Special Investigation Team (SIT) of the Uttar Pradesh Police carried out a detailed probe. Later, they filed a 5,000-page chargesheet in the trial court against Ashish Mishra and others. The Supreme Court is keeping a close eye on the progress of this case.
Earlier, in January 2023, the Supreme Court had given interim bail to Mishra. Later, in July 2024, he got regular bail from the Court. But there were some strict conditions attached. According to the bail order, Ashish Mishra is only allowed to stay in Delhi or Lucknow, but he can go to Lakhimpur Kheri only when there is a court hearing in the trial.
The Court had clearly mentioned in the order dated July 22 that,
“The petitioner shall, however, abide by the terms and conditions imposed vide order dated 25.01.2023 and shall be entitled to go to the place where the trial is pending a day prior to the date fixed in the trial case.”
On Monday, the Court also asked why there are so many witnesses listed in the case. Justice Surya Kant pointed out that having hundreds of witnesses can actually weaken the case because many of them end up giving different versions. He said it’s better to keep only the important witnesses and their statements should be recorded fast.
“Why to have such a long list of witnesses? There is a new trend to have 200-300 witnesses. Then 20 or more will not stand by the original statement. We have already held that the prosecutor can have a scientific examination done and prune the list. Like why to have witnesses who will say the same thing,”
-Justice Kant said, questioning the need for such a huge list of people to testify.
Meanwhile, the Court allowed Ashish Mishra to visit Lakhimpur Kheri on April 5 to celebrate Ram Navami, which is a big religious festival.
But the Court made sure there were rules about it.
“Petitioner is permitted to visit Lakhimpur Kheri on April 5, celebrate Ram Navami on April 6 and celebrate the same and no political worker to take part in the said celebration. He shall return to Lucknow on April 7 before 5 pm,”
-the Court ordered, making it clear that this visit must not turn into a political event.
This whole case is very sensitive and the top court is handling it with care. While Ashish Mishra continues to be on bail, the Supreme Court wants the trial to move forward quickly and in a fair way. It is giving strict instructions to ensure that witnesses are protected, the investigation is not delayed, and justice is served in the end.
CASE TITLE:
Case Title: Ashish Mishra Alias Monu v. State of U.P.
SLP(Crl) No. 7857/2022.
Would You Like Assistance In Drafting A Legal Notice Or Complaint?
CLICK HERE
Click Here to Read Our Reports on Justice Yashwant Varma
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
