Satya Prakash
New Delhi, December 12
Maintaining that a balance has to be struck between the rights of the victims and those of the accused, the Supreme Court on Monday wondered how long the Lakhimpur Khere violence case main accused and Union Minister Ajay Mishra Teni’s son Ashish Mishra could be kept in jail.
“In cases of bail, we consider the seriousness of the crime, the period which the trial will take and also the period spent by the accused. How long should he be in prison? Can he be kept indefinitely? How to balance? The accused also has rights as the victims”, a Bench led by Justice Kant asked the UP Government counsel.
Contending that the offences were grave and that there were statements of injured eyewitnesses regarding the presence of Ashish Mishra at the crime scene, Uttar Pradesh Additional Advocate General Garima Prashad opposed his bail plea, pointing out that his discharge application was dismissed by the trial court and charges had been framed against him.
Four farmers were mowed down by an SUV in Lakhimpur Kheri when those against farm laws were holding a demonstration against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit on October 3, 2021. In the subsequent violence, two BJP workers, a driver and a journalist were killed. It was alleged that Ashish was sitting in one of the cars.
A Lakhimpur Kheri court had on December 6 framed charges against Ashish Mishra and 12 others for murder, criminal conspiracy and certain other offences in the case. Virendra Shukla, the 14th accused— who is out on bail—has been charged under Section 201 of IPC for causing disappearance of evidence. The trial is expected to commence on December 16.
On behalf of victims’ families, senior counsel Dushyant Dave also opposed Mishra’s bail plea, highlighting the grave nature of the crime. His release on bail would expose the witnesses to danger, Dave said even as the Bench pointed out that they had already ordered protection to be extended to them.
The Bench asked the Registrar (Judicial) to find out from the first Additional Sessions judge at Lakhimpur Kheri as to how much time the trial court was likely to take to conclude in the normal course without compromising on the schedule of other pending cases.
“A tentative schedule shall be submitted as to this case being tried on an out-of-turn basis,” the top court ordered, posting the matter for further hearing on reopening of the top court after the winter vacation.
On behalf of Mishra, senior advocate Mukul Rohatgi contended he was not at the crime scene as he was elsewhere watching a wrestling match. Mishra was not there in the car when the alleged incident occurred and that none died due to the alleged firing by him and that there were records of mobile tower locations to prove it.
Noting that his client has been in jail for more than a year, he pointed out that the trial was likely to take time as there were 200 witnesses in the case.
The Supreme Court had on September 6 issued notice to the Uttar Pradesh Government on Ashish’s bail plea and asked the Uttar Pradesh Government to respond to his petition challenging the Allahabad High Court’s July 26 order rejecting his bail plea.
Being a politically influential person, Ashish could influence the witnesses and affect the trial, the high court had said.
Earlier, the Supreme Court had on April 18 cancelled the bail given to Ashish Mishra by the Allahabad High Court, saying the ‘victims’ were denied a fair and effective hearing at the time of granting bail to him.
However, it had asked the Allahabad High Court—which had given bail to Mishra on February 10 — to examine Mishra’s bail plea afresh “in a fair, impartial and dispassionate manner, and keeping in view the settled parameters.” But the High Court rejected his bail plea on July 26.
