‘What’s your stand?’: SC seeks UP govt’s response to plea seeking cancellation of bail to Lakhimpur accused

On October 3, 2021, eight persons, including four farmers, were killed when a convoy of vehicles, including one belonging to Ajay Mishra, ran over them. Two BJP workers, the driver of one of the vehicles and a journalist were also killed in the violence that ensued.

A bench presided by Chief Justice of India N V Ramana Wednesday pointed out that “it appears from the report of the monitoring judge that he recommended for filing appeal for cancellation of bail”. The bench, also comprising Justices Surya Kant and Hima Kohli, asked senior advocate Mahesh Jethmalani, appearing for the state of UP, “What is your stand?”

On November 17, 2021, the Supreme Court had appointed former Punjab and Haryana High Court judge Justice Rakesh Kumar Jain to monitor the probe by the Special Investigation Team in the case.

The senior counsel said he was unaware of the report and will have to get instructions. Justice Surya Kant pointed out that there were two letters written by the Special Investigation Team to the UP Additional Chief Secretary, Home, in this regard. The bench said it found these letters mentioned in the report of the monitoring judge.

Jethmalani, after taking instructions, said the Additional Chief Secretary doesn’t seem to have received the letters and sought time to respond.

Appearing for the petitioners, senior advocate Dushyant Dave sought a stay of the High Court order granting bail to Ashish Mishra saying the High Court judgment suffers from complete non-application of mind.

Ashish MIshra was granted bail by the Lucknow bench of the Allahabad High Court on February 10.

The kin of some of the victims of the violence then approached the Supreme Court seeking cancellation of the bail. They claimed that after Mishra’s release, one of the witnesses in the case was attacked on March 10 and the attackers threatened him saying that “Ashish Mishra is out on bail and the ruling party has also won the election and they will see to him”.

However, the state in an affidavit filed before the apex court rubbished the charges and said the March 10 incident had nothing to do with the case as alleged “but was the outcome of an altercation after some people threw ‘gulal (powdered colours)’ on the witness”.

It added that during the course of the investigation, “Gunner Manoj Singh (assigned to protect him as per this Hon’ble Court’s Orders)…as well as three independent eyewitnesses to the incident were examined, and all four persons stated that the incident occurred suddenly due to an altercation” between the witness “and the attacker party over the throwing of ‘gulal’ on him”. The bench will now hear the matter next on April 4.