Lakhimpur-Kheri Case: The Uttar Pradesh government has been ordered to respond by April 4.
In a development that could make things tougher for Union Minister Ajay Mishra Teni's son Ashish Mishra, the main accused in the Lakhimpur Kheri violence, the ex-judge monitoring the probe has recommended that the Uttar Pradesh government should approach the Supreme Court seeking cancellation of his bail.
The Supreme Court has now sought the UP government's response to a report submitted by former High Court judge Rakesh Kumar Jain by April 4. A Chief Justice of India (CJI)-led bench of the Supreme Court was today hearing a plea filed by families of the victims against Ashish Mishra's bail which was granted by the Allahabad High Court on February 10. The accused had allegedly run over protesting farmers in UP's Lakhimpur Kheri last year.
A bench of CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli is hearing the matter.
On February 10, the Allahabad High Court had granted bail to the main accused Ashish Mishra but the families of the victims filed an appeal in the Supreme Court against the bail.
On March 16, the court had issued notice to the Uttar Pradesh government and Ashish Mishra, seeking their responses to why his bail should not be cancelled. The court also expressed concern on the issue of a witness being attacked.
It has been 49 days since Ashish Mishra was given bail and the UP government has not filed an appeal yet. Now, the Supreme Court has given it five days to take a call on the matter.
On November 17, 2021, the Supreme Court had appointed a Special Investigation Team (SIT) headed by retired Punjab and Haryana High Court judge Rakesh Kumar Jain to monitor the probe into the Lakhimpur Kheri violence, in which eight people, including four farmers, were killed on October 3 last year. Three Indian Police Service (IPS) officers were also inducted into this team.
In its affidavit yesterday, the UP government refuted charges by the families of the victims of letting Ashish Mishra off easily and not protecting a witness.
The state government has said that it had "vehemently opposed" the bail application of Ashish Mishra in the Allahabad High Court and the question of filing an appeal against the grant of bail is still under consideration before relevant authorities. It also said that all witnesses are being given proper protection and the attack being referred to by the petitioner was over a personal dispute and had nothing to do with the case.
Senior advocate Prashant Bhushan, appearing on behalf of the petitioners, had told the Supreme Court that a key witness had been brutally attacked after Ashish Mishra got bail and the attackers had issued threats that now that the BJP had won the UP elections, they would "take care" of him.