Lakhmipur Kheri violence prime accused Ashish Mishra, son of Union Minister Ajay Mishra Teni, is “not a flight risk”, the Uttar Pradesh government told the Supreme Court on Monday while responding to a petition by families of the farmers killed in the October 3, 2021, incident who were challenging the bail granted to Mishra by the Allahabad High Court.
Asserting that the offence is “grave”, the state government told the court that “no words are enough” to condemn it. It also argued that it had “vehemently” opposed the bail in the high court.
However, Ashish Mishra is not a flight risk and security has been provided to the witnesses, the Uttar Pradesh government submitted. The Supreme Court on Monday reserved its order in the appeal after a Bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli heard the matter at length.
Senior Advocate Mahesh Jethmalani, appearing for the Uttar Pradesh government, said that the state has provided extensive security to all 97 witnesses, Bar and Bench reported.
Following this, CJI Ramana asked Jethmalani to make the stand of the state clear on whether it was supporting or opposing the bail plea. “Last time we asked you, you said you opposed the bail,” the CJI remarked. “Yes, we vehemently opposed,” said Jethmalani. “We are not forcing you (State of UP) to file a SLP. But what is your stand?” the CJI asked.
Jethmalani said the Special Investigation Team (SIT) probing the case had asked the state to appeal against the Allahabad High Court verdict, but the same did not impress the government.
Meanwhile, Senior Advocate Dushyant Dave, representing the families of the victims, said that the High Court while granting bail to Mishra failed to consider relevant facts and the order “suffers from gross non application of mind.”
On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against the now revoked farm laws. The protesters had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who was planning to attend an event in the area.
A four-wheeler belonging to Mishra, son of Union Minister Ajay Mishra Teni, had allegedly mowed down and killed eight persons, including the protesting farmers.
The Allahabad High Court granted bail to Mishra on February 10, stating that there might have been a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.
On Monday, the SIT probing the case told the apex court that it had twice recommended to the Uttar Pradesh government that the bail of Ashish Mishra be cancelled.
In its report submitted before the top court, the team said: “The head of SIT wrote to the Additional Chief Secretary, Home Department, Uttar Pradesh on 10/02/2022 and 14/02/2022 respectively requesting an urgent appeal in the Hon’ble Supreme Court for cancellation of bail of the accused in view of the ongoing investigation in FIR No. 219/2021 and possibility of the threat to the witnesses including 98 witnesses who are provided protection is view of order dated 26/10/2021 passed by this Hon’ble Court.”
Based on the evidence on record, the SIT has in its report further stated that the presence of the main accused Ashish Mishra and others at the scene of crime is substantiated.
Further, the SIT said the 13 accused (and three dead accused) went to the scene of crime in a premeditated manner, using three vehicles in a convoy and driving them at a very high speed on a narrow road which was full of people gathered to protest, Live Law reported.
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