[Lakhimpur Kheri] Supreme Court reserves order on plea against Ashish Mishra bail; UP says Mishra is not a flight risk

The Supreme Court on Monday reserved its order in the appeal filed by family members of the deceased in the Lakhimpur Kheri incident challenging the order of the Allahabad High Court granting bail to prime accused Ashish Mishra. .A Bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli heard the matter at length before reserving its verdict..Senior Advocate Mahesh Jethmalani, appearing for the Uttar Pradesh government, said that the State has provided extensive security to all 97 witnesses."We have contacted all 97 witnesses and they all said no threat perception," Jethmalani said.Pertinently, the State government said that the accused is not a flight risk."The incident was condemnable. But is the accused a flight risk? He is not," Jethmalani submitted.CJI Ramana asked Jethmalani to make the stand of the State clear on whether it was supporting or opposing the bail plea. "Last time we asked you, you said you opposed the bail," the CJI remarked."Yes, we vehemently opposed," said Jethmalani."We are not forcing you (State of UP) to file a SLP. But what is your stand?" the CJI asked.Jethmalani conceded that the Special Investigation Team (SIT) probing the case had asked the State to appeal against the Allahabad High Court verdict, but the same did not impress the government."It is a grave offence. SIT asked us to appeal since he is an influential person and he can tamper with evidence, but that did not impress us," Jethmalani replied..Senior Advocate Dushyant Dave, representing the families of the victims, said that the High Court while granting bail to Mishra failed to consider relevant facts and the order "suffers from gross non application of mind."He also said that the High Court examined unnecessary issues relating to bullet injuries on the victims, which were not relevant considerations in a bail matter."The High Court was wrong in considering the question on bullet injury when they drove the car in rash and negligent way," Dave said.The Bench concurred with Dave."How can judge go into post mortem etc? We are hearing a bail matter, we don't want to prolong. Prima facie question is whether bail needs to be cancelled or not. We don't want to entertain nonsense questions like which car, post mortem etc. This way of going into merits and going into wounds etc is unnecessary for the question of bail," CJI Ramana said.The Bench also asked whether the victims were heard by the High Court before grant of bail.Dave replied in the negative. He said,"None of them. They could not appear since they were disconnected (from virtual hearing). But they joined right back."He also argued that Mishra's acts were deliberate."Accused went on a route knowing fully well that 10,000 to 15,000 people had gathered therein. Ashish Mishra and his friends raised slogans and crushed the farmers with intention to kill them. 4 farmers and one journalist died because of this," Dave contended..Senior Counsel Ranjit Kumar, appearing for Mishra, said that the High Court went into the aspect of bullet injuries because the first information report (FIR) said that there was death due to firearms.He also said that it was not correct on the part of the victims to claim that they were not heard since they had failed to file a counter-affidavit before the High Court."It was in November 2021 that I applied for bail and notice was issued. They did not file a counter. Then again in January they did not file a counter and now they say they were not heard," Kumar argued.He also said that if the Supreme Court cancels bail, then Mishra will be left remediless."If this Court cancels bail, then which Court will grant me bail again and I will stay behind bars....what is my remedy My Lord? If you cancel my bail, then no court will touch the order with a bargepole," Kumar contended..The Court after hearing all parties reserved its order. .On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against the now revoked farm laws. The protesters had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who was planning to attend an event in the area.A four-wheeler belonging to Mishra, son of Union Minister Ajay Mishra Teni, had allegedly mowed down and killed eight persons, including the protesting farmers.The Allahabad High Court granted bail to Mishra on February 10, stating that there might have been a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.After the Allahabad High Court granted bail to Mishra in the case, the family members of the deceased had approached the Supreme Court in appeal, seeking cancellation of the bail. The State of Uttar Pradesh is yet to file an appeal against the High Court verdict.Earlier this month, Advocate Prashant Bhushan had mentioned the matter before a Bench headed by CJI Ramana, claiming that one of the witnesses in the Lakhimpur Kheri case in was attacked. The Court had then issued notice to the State and directed it to file a response and to ensure that witnesses were protected.The affidavit filed by the State specifically denies that the attack on one of the witnesses of the Lakhimpur Kheri incident was motivated by and connected with the release of Mishra on bail..[Lakhimpur Kheri] Judge monitoring probe asked State to appeal against Ashish Mishra bail: Supreme Court told.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.