Tanya Gupta
Published on: March 16, 2022, at 18:32 IST
The Supreme Court, about a Plea filed by Family Members of the Deceased in the Lakhimpur Kheri Killings issues Notice.
The Plea seeks to Cancellation of Bail Granted to a Prime Accused, Ashish Mishra.
After noting that a Witness, in this Case, was Allegedly Attacked, the Chief Justice of India NV Ramana and Justices Hima Kohli and Surya Kant Verma directed the State of Uttar Pradesh to ensure the Protection of Witnesses.
NV Ramana stated,
“We will issue Notice. There is an Allegation that a Witness has been Attacked. You have to file a detailed Counter Affidavit. You have to see that Witnesses are Protected.”
Senior Advocate Dushyant Dave submitted,
“It has to be seen what was the Influence when there was enough Material on Record to pin him down in the Charge-sheet.”
The Bench was Hearing a Petition filed by the Deceased’s Family who was mowed down by Union Minister Ajay Mishra’s Car at Lakhimpur Kheri.
On October 3, 2021, in Lakhimpur Kheri Violence, 8 people were Killed when Violence Erupted when Farmers were Protesting seeking to Revoke the New Farm Laws. The visit of the Deputy Chief Minister of Uttar Pradesh was impeded. A Four-Wheeler, belonging to Ashish Mishra then Allegedly Killed 8 Persons including Protesting Farmers.
The Uttar Pradesh Police’s Special Investigation Team (SIT) after Mishra’s Arrest filed a 5000- page Chargesheet naming him as a Prime Accused before the Court.
Mishra’s Bail Application was rejected by a Trial Court which induced him to move to High Court.
Justice Rajeev Singh of the Allahabad High Court while Granting him Bail noted the Possibility of Mowing Down Protestors to save himself.
The Deceased’s Family Members were prompted to move to the Apex Court when no Appeal against the Bail Order was filed by the Uttar Pradesh Government.
Because of the unavailability of the Chargesheet, the Overwhelming Evidence against Mishra was not considered, the Plea stated.
The Victims were averted from bringing in the Relevant Material to High Court’s notice. On January 18, their Counsel got Disconnected from hearing the Bail Matter, the Plea further stated.
Because of the aforementioned Circumstance, Counsel could not make Submissions which lead to the Rejection of effective Re-Hearing.
The Matter was presented before the Supreme Court by Advocate Prashant Bhushan Claiming an Attack on one of the Witnesses.
The Matter to be on the List was agreed upon by the Court on March 15.
Also Read: Allahabad High Court grants Bail to Ashish Mishra in Lakhimpur Kheri matter