Lucknow:The Uttar Pradesh government on Tuesday told the Supreme Court it had “vehemently opposed” the bail application of Ashish Mishra, son of Union minister Ajay Mishra, in connection with the Lakhimpur Kheri violence that had left eight people, including four farmers, dead.
Refuting allegations that it had not effectively opposed the bail plea, the state government also submitted that a decision to challenge the grant of bail by the Allahabad High Court to Ashish Mishra is pending consideration before the relevant authorities. In its reply affidavit filed on the appeal by the family members of the farmers against the high court order, the state government further said investigations showed that a key witness in the case, Diljot Singh, was allegedly beaten up by miscreants on March 10 due to a “sudden altercation” that broke out after they threw Holi colours on him.
The state government made the submission while rejecting allegations in the FIR filed by the witness that the attackers had issued threats that now that the BJP had won the UP elections, they would “see to him”. Asserting that the March 10 incident is not “related at all” to the Lakhimpur violence, it contended that the attack is sought to be “conflated and connected” with the farmer deaths in the town on October 3, 2021.
The state government said the Allahabad High Court order, as well as its counter-affidavit, would demonstrate it has vehemently opposed the bail application of Ashish Mishra. “The same clearly demonstrates that the Respondent No.1 (Ashish Mishra) Bail application was vehemently opposed by the State, and any averments to the contrary in the SLP(filed by the family members against HC order) are completely false and merit to be rejected,” it added.
The government further said the high court order being of February 10, 2022, the limitation period against the same is still running, and the decision to file a Special Leave Petition(SLP) is pending consideration before the relevant authorities. Giving details about the March 10 incident, the state government said that as per the petitioners’ case, one Diljot Singh, son of Jarnail Singh, was beaten up by miscreants on March 10.
“As per the FIR registered by Diljot Singh, the attackers threatened him saying that Respondent No. I (Ashish Mishra) is out on bail and the ruling party has also won the election and that they will see to him,” it added. However, during the course of investigations, Diljot’s gunner Manoj Singh, assigned to protect him as per the apex court order, as well as 3 independent eyewitnesses to the incident were examined, and all 4 persons stated that it occurred suddenly due to an altercation between Diljot and the attackers over the throwing of Gulal (dry colours of Holi) on him, the affidavit said.