Lakhimpur Kheri violence case: No in-camera trial, says Supreme Court

The Supreme Court on Monday rejected the proposal for an in-camera trial in the Lakhimpur Kheri violence case in which Ashish Mishra, son of Union Home Minister of State Ajay Mishra, is presently facing charges as the prime accused [Ashish Mishra Alias Monu vs State of UP]..A bench of Justices Surya Kant and JK Maheshwari decided on this aspect on Monday. .The issue was considered after advocate Prashant Bhushan, appearing for one of the victims, informed the Court that threats were being issued inside the courtroom. In order to guard against such apprehensions, Senior Advocate Siddharth Dave, appearing for Mishra, suggested that the trial may be held in camera. The top court today declined to order the same, after examining a compliance report sent by the trial court judge..The Supreme Court had last month granted Mishra interim bail for 8 weeks in the case. The bench had also ordered that Mishra cannot stay in Uttar Pradesh or Delhi after his release.The case dates back to October 3, 2021, when eight people were killed in Lakhimpur Kheri, Uttar Pradesh, during violence that erupted amid protests by farmers against the now revoked farm laws. The protestors had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who planned to attend an event in the area.A vehicle belonging to and allegedly being driven by Mishra mowed down protesting farmers, among others.After he was arrested, the Uttar Pradesh Police's special investigation team (SIT) filed a 5,000-page charge-sheet before a local court, naming Mishra prime accused in the case. In November that year, a trial court had rejected his application for bail, prompting Mishra to move the High Court.The High Court had first granted bail to Mishra on February 10, 2022, stating that is a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.After the High Court granted bail to Mishra in the case, family members of the deceased approached the Supreme Court in appeal, seeking cancellation of the bail. Oddly, the State of Uttar Pradesh did not file an appeal against the bail order.In April 2022, the apex court cancelled the bail granted to Mishra by the High Court and remanded the matter to the High Court for fresh consideration.On July 26 last year, the High Court denied Mishra bail, prompting the present appeal before the Supreme Court.Meanwhile, the trial court in Uttar Pradesh framed murder charges against Mishra in December 2022.The charges were framed under Sections 147 (rioting), 148 (rioting armed with deadly weapons), 149 (offence committed in prosecution of common object), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), 427 (mischief causing damage), 120B (criminal conspiracy) of the Indian Penal Code (IPC) and Section 177 of the Motor Vehicles Act.