Lakhimpur Kheri case: SC reserves orders on plea challenging Ashish Mishra’s bail, ‘he’s not a flight risk’
The SC bench also comprising Justices Surya Kant and Hima Kohli pulled up the Uttar Pradesh government after noting that the judge monitoring the Lakhimpur violence incident probe had recommended cancellation of bail granted to Ashish Mishra and sought its response in the matter.
FollowA Supreme Court Bench headed by Chief Justice of India NV Ramana on Monday reserved its order on the plea for cancellation of bail to Ashish Mishra, son of Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case that had left eight people, including four farmers, dead.
The SC bench also comprising Justices Surya Kant and Hima Kohli pulled up the Uttar Pradesh government after noting that the judge monitoring the Lakhimpur violence incident probe had recommended cancellation of bail granted to Ashish Mishra and sought its response in the matter.
The Uttar Pradesh government counsel Mahesh Jethmalani, arguing against the appeal said, “There can’t be a mini-trial at this stage. No words can be enough to convey what happened… As for tampering with evidence, we have provided security. Is he a flight risk? He is not,” Live Law reported.
“There’s no flight risk, but it’s a grave offence. State can’t prejudge offence if it was intentional or not,” said Mahesh Jethmalani, appearing for the Uttar Pradesh government, while replying on the plea challenging Mishra’s bail. The state government also told the court that “no words are enough” to condemn it, adding that it had “vehemently” opposed the bail in the high court.
During its earlier hearing, the apex court had pointed out that the monitoring judge had written to the UP government to seek cancellation of bail granted by the Allahabad High Court to Ashish.
“There are two letters sent by the SIT to the Additional chief secretary (home) of the Uttar Pradesh government by the monitoring judge who had written to the state to file appeal in SC to cancel bail of main accused Ashish Mishra,” the SC bench had said.
Ashish was granted bail by the Lucknow bench of Allahabad HC on February 10.
The kin of some of the victims subsequently moved SC, seeking cancellation of the bail. They claimed that after Ashish’s release, one of the witnesses in the case was attacked on March 10 and the attackers threatened him, purportedly saying that “Ashish Mishra is out on bail and the ruling party has also won the election, and they will see him”.
