New Delhi: The Supreme Court on Monday directed its Registrar to communicate with the Additional Sessions Judge at Lakhimpur Kheri and get a tentative timeline for the conclusion of a case wherein union minister Ajay Mishra's son, Ashish Mishra is accused along with 12 others. The case pertains to the alleged murders of protesting farmers in October 2021 in Lakhimpur Kheri.
The bench comprising Justice Surya Kant and Justice Krishna Murari while hearing the bail petition of the accused Mishra observed that the court has to balance the interest of the accused, as it does of the victims and the society at large. "We have to see that the accused, who is inside the jail for over one year, also has rights. Now the charge sheet has been filed and charges have been framed. The victims and witnesses also have their rights. Now, we have to balance all the rights in the case," it said.
The apex court also asked the Uttar Pradesh government, which opposed the bail plea of Ashish Mishra terming the offence as "grave", to file an affidavit with regard to the status of the second case filed over the killing of three occupants of the SUV, which allegedly mowed down the farmers. It further asked the Additional District and Sessions judge hearing the second case related to the killing of the occupants of the car, to consider the desirability of framing charges.
During the hearing, Senior Advocate Mukul Rohatgi appearing for Mishra argued before the court that Mishra was not present in the car and there was no killing with bullet injury as per what is recorded. Rohatgi highlighted that Mishra has been in jail for one year and that it's long incarceration.
Senior Advocate Dushyant Dave opposed the bail plea and said that no bail should be granted in case of such 'a grave offense', especially when even the trial court and the HC have refused to do so. "Eight people were killed in cold blood. His father had even said we will teach you a lesson. Witnesses are being attacked, these are powerful people. If someone can kill people merely because they are agitating, then nobody is safe in this democracy," argued Dave.
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Responding to the argument, Justice Kant argued that the accused has been in jail for a long time, which is not a fair practice. "The question is how long someone should be kept (in jail)? Will it not amount to us prejudging him to be guilty? How do we strike a balance between rights? Victims have rights but the accused also have rights," observed Justice Kant.
The bench proceeded to order its registrar to find out the timeline in which the matter would be concluded and adjourned the matter for hearing on January 11 after the winter break.
On October 3, 2021, eight people were killed in Tikunia in the Lakhimpur Kheri district during violence that erupted when farmers were protesting against the then Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area. Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR. Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
On December 6, the trial court framed charges against Ashish and 12 others for murder, criminal conspiracy, and related offenses in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri, paving the way for the start of the trial.
Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra, is the main accused in the case. The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana, and Dharmendra Banjara. All of them are in jail.
