During the hearing, CJI Ramana asked Jethmalani to make the stand of the Uttar Pradesh government clear on whether it was supporting or opposing the bail plea
File photo of the burnt down car at Lakhimpur Kheri. News18
New Delhi: The Supreme Court Monday reserved orders in a petition seeking cancellation of bail to Ashish Mishra, son on Union Minister Ajay Mishra Teni, accused of running over farmers in Lakhimpur Kheri on 3 October, 2021.
For the unversed, the Allahabad High Court, on 10 February, 2022, granted bail to Ashish Mishra, stating that there might have been a possibility that the driver of the vehicle that ran over the protesting farmers accelerated the car to save himself.
After the High Court’s verdict, the family members of the deceased had approached the Supreme Court in appeal, seeking cancellation of the bail.
Arguing against the appeal, Uttar Pradesh government counsel Mahesh Jethmalani 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.”
The UP government asserted that the offence is “grave”, but argued that all 97 witnesses in the case had been provided security and it is being ensured that there is “no tampering”.
A bench comprising the Chief Justice of India (CJI) NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing the plea. During the hearing, CJI Ramana asked Jethmalani to make the stand of the Uttar Pradesh government clear on whether it was supporting or opposing the bail plea.
“Last time we asked you, you said you opposed the bail,” the CJI said, to which Jethmalani responded, “Yes, we vehemently opposed.”
To recall, the Supreme Court last week had sought the UP government’s response and had also pointed out, “It appears from the report of the monitoring judge that he recommended filing an appeal for cancellation of bail.”
The CJI then asked, “We are not forcing you (State of UP) to file a SLP. But what is your stand?”
Jethmalani said the Special Investigation Team (SIT) probing the case had asked the Uttar Pradesh government to appeal against the Allahabad High Court verdict, but the same did not impress them.
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 further told the apex court that the Allahabad 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 added.
On 3 October 2021, eight people were mowed down in Lakhimpur Kheri in Uttar Pradesh during violence that sparked when farmers were protesting against the now revoked contentious farm laws.
An SUV belonging to Ashish Mishra had allegedly run over the people, killing eight, including agitating farmers.
With inputs from agencies
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