Dynamite News SC refuses to recall bail granted to Ashish Mishra in Lakhimpur Kheri Violence Case
A Bench comprising Justice Surya Kant and Justice N Kotiswar Singh observed that the police report did not substantiate claims that an individual close to Mishra had attempted to influence witnesses. Read further on Dynamite News:
New Delhi: The Supreme Court on Monday refused to recall its order granting bail to Ashish Mishra, son of former Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case, despite allegations that witnesses were being threatened.
A Bench comprising Justice Surya Kant and Justice N Kotiswar Singh observed that the police report did not substantiate claims that an individual close to Mishra had attempted to influence witnesses.
However, the Court granted the affected witness the liberty to file a complaint with the local police, directing that it be considered independently. It further ordered expedited examination of crucial witnesses.
"Let the trial proceed. Since the next hearing is scheduled for April 16, the examination of eyewitnesses and crucial witnesses shall be prioritised. The schedule for the same should be placed before the Court by the next date," the Bench directed.
The Supreme Court had earlier, in November 2024, asked Mishra to respond to the allegations raised in an application filed during his bail plea. The Superintendent of Police, Lakhimpur, was also directed to look into the matter, and the police report was submitted today.
During the hearing, Advocate Prashant Bhushan, appearing for the applicants, claimed that transcripts of conversations indicated a BJP leader trying to influence a witness, though the police stated that the identity of the person was unknown.
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However, Senior Advocate Siddharth Dave, representing Mishra, denied these allegations. After reviewing the report, the Court noted, "If you are aggrieved, you may move an application."
Mishra is accused of killing four farmers in Lakhimpur Kheri, Uttar Pradesh, in 2021, during protests against the now-revoked farm laws. In total, eight people, including a journalist, lost their lives in the violence.
The Special Investigation Team (SIT) of Uttar Pradesh Police later filed a 5,000-page chargesheet against Mishra and others before the trial court.
The Apex Court has been monitoring the trial and granted interim bail to Mishra in January 2023, followed by regular bail in July 2024.
As per the bail conditions, Mishra is allowed to stay in either Delhi or Lucknow but can visit Lakhimpur Kheri only for trial-related proceedings. The Court’s July 22 order reiterated that he must return to Lucknow within the stipulated timeframe after each visit.
The Bench raised concerns over the long list of witnesses cited in the case, emphasizing that only vital statements should be recorded.
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"Why have such a long list of witnesses? There is a new trend of listing 200-300 witnesses, but many do not stand by their original statements. The prosecution should conduct a scientific review and streamline the list," Justice Kant remarked.
Meanwhile, the Supreme Court allowed Mishra to visit Lakhimpur Kheri on April 5 for Ram Navami celebrations under strict conditions.
"The petitioner is permitted to visit Lakhimpur Kheri on April 5, celebrate Ram Navami on April 6, and return to Lucknow by 5 PM on April 7. No political worker shall participate in the celebrations," the Court ordered.
The Top said that the case will continue to remain under close judicial scrutiny, ensuring the trial progresses without undue influence.