|
New
Delhi,
Mar
04:
Supreme
Court
listed
on
March
11th,
a
plea
seeking
to
cancel
the
bail
plea
of
accused
Ashish
Mishra
in
Lakhimpur
Kheri
incident.
Image
Three
family
members
of
the
farmers
who
were
killed
in
the
violence
have
sought
a
stay
on
the
February
10
bail
order
of
the
Lucknow
bench
of
the
high
court
saying
the
verdict
was
“unsustainable
in
eyes
of
law
as
there
has
been
no
meaningful
and
effective
assistance
by
the
state
to
the
court
in
the
matter”.
There
has
been
an
improper
and
arbitrary
exercise
contrary
to
settled
law
by
the
high
court
which
has
granted
bail
without
at
all
considering
the
heinous
nature
of
the
crime,
it
said.
Seeking
“stay
of
the
impugned
bail
order”,
the
plea
narrated
the
sequence
of
evidence
and
said,
“The
act
of
deliberately
crushing
the
peacefully
returning
farmers
by
the
Thar
vehicle
on
the
instructions
of
the
accused
from
the
back
was
not
an
act
of
negligence
or
carelessness
but
a
pre-planned
conspiracy
as
the
accused
thereafter
from
the
farms
circled
back
to
the
place
of
the
‘dangal’ event
at
around
4:00
pm
and
acted
as
if
nothing
had
happened”.
The
plea
said
the
high
court
did
not
consider
the
“overwhelming
evidence”
against
the
accused,
position
and
status
of
the
accused
with
reference
to
the
victim
and
witnesses
and
the
likelihood
of
him
fleeing
from
justice
and
repeating
the
offence
while
granting
the
bail.
There
was
also
the
possibility
of
his
tampering
with
the
witnesses
and
obstructing
the
course
of
justice,
it
said.
“At
least
27
witnesses
have
testified
that
they
either
saw
the
accused
at
the
scene
of
the
crime
or
saw
him
running
away
from
the
scene
of
the
crime…
At
least
8
witnesses
testified
that
they
saw
and
heard
the
accused
and
his
supporters
asking
the
driver
of
the
Thar
vehicle
to
crush
the
protesters,” it
said.
Post-mortem
reports
reveal
that
injuries
found
on
the
bodies
of
the
deceased
are
consistent
with
the
main
allegation
against
the
accused,
that
is
murdering
the
victims
through
his
car
in
a
pre
planned
conspiracy,
it
said.
At
least
37
witnesses
have
testified
that
they
saw
and
heard
firing
of
arms,
it
said,
adding
“FSL
reports
reveal
that
firearms
were
in
fact
used
and
that
a
32
bore
and
315
bore
firearm
belonging
to
the
accused
were
used
for
firing,
and
unspent
cartridges
from
the
315
bore
firearm
were
recovered
from
the
Thar
Vehicle.”
Even
the
victims
were
prevented
from
bringing
the
relevant
material
as
regards
the
settled
principles
for
grant
of
bail
to
the
notice
of
the
High
Court
as
their
counsel
‘got’ disconnected
from
the
hearing
on
January
18,
2022
before
he
could
barely
make
any
submissions
and
repeated
calls
to
the
court
staff
to
get
reconnected
were
of
no
avail,
it
alleged.
A
single
judge
bench
of
the
high
court,
on
February
10,
had
granted
the
relief
of
bail
to
Mishra
who
had
spent
four
months
in
custody.
On
October
3,
last
year,
eight
people
were
killed
in
Lakhimpur
Kheri
during
violence
that
erupted
when
farmers
were
protesting
against
Uttar
Pradesh
Deputy
Chief
Minister
Keshav
Prasad
Maurya’s
visit
to
the
area.
Four
farmers
were
moved
down
by
the
SUV.
A
driver
and
two
BJP
workers
were
then
allegedly
lynched
by
angry
farmers.
A
journalist
also
died
in
the
violence
that
triggered
outrage
among
opposition
parties
and
farmer
groups
agitating
over
the
Centre’s
now-repealed
agri
laws.
On
November
17
last
year,
the
top
court
had
appointed
Justice
Rakesh
Kumar
Jain,
former
judge
of
the
Punjab
and
Haryana
High
Court,
to
monitor
the
probe
by
Uttar
Pradesh
SIT
which
will
also
get
three
IPS
officers
who
are
not
natives
of
the
state.
Recently,
another
plea
seeking
cancellation
of
bail
of
accused
Ashish
Mishra
was
filed
by
advocates
Shiv
Kumar
Tripathi
and
CS
Panda
on
whose
letter
the
apex
court
had
taken
the
suo
motu
cognizance
of
the
incident.
Story first published: Friday, March 4, 2022, 11:19 [IST]
| Published: Friday, March 4, 2022, 11:19 [IST] New Delhi, Mar 04: Supreme Court listed on March 11th, a plea seeking to cancel the bail plea of accused Ashish Mishra in Lakhimpur Kheri incident. Representational Image Three family members of the farmers who were killed in the violence have sought a stay on the February 10 bail order of the Lucknow bench of the high court saying the verdict was “unsustainable in eyes of law as there has been no meaningful and effective assistance by the state to the court in the matter”. There has been an improper and arbitrary exercise contrary to settled law by the high court which has granted bail without at all considering the heinous nature of the crime, it said. Seeking “stay of the impugned bail order”, the plea narrated the sequence of evidence and said, “The act of deliberately crushing the peacefully returning farmers by the Thar vehicle on the instructions of the accused from the back was not an act of negligence or carelessness but a pre-planned conspiracy as the accused thereafter from the farms circled back to the place of the ‘dangal’ event at around 4:00 pm and acted as if nothing had happened”. The plea said the high court did not consider the “overwhelming evidence” against the accused, position and status of the accused with reference to the victim and witnesses and the likelihood of him fleeing from justice and repeating the offence while granting the bail. There was also the possibility of his tampering with the witnesses and obstructing the course of justice, it said. “At least 27 witnesses have testified that they either saw the accused at the scene of the crime or saw him running away from the scene of the crime… At least 8 witnesses testified that they saw and heard the accused and his supporters asking the driver of the Thar vehicle to crush the protesters,” it said. Post-mortem reports reveal that injuries found on the bodies of the deceased are consistent with the main allegation against the accused, that is murdering the victims through his car in a pre planned conspiracy, it said. At least 37 witnesses have testified that they saw and heard firing of arms, it said, adding “FSL reports reveal that firearms were in fact used and that a 32 bore and 315 bore firearm belonging to the accused were used for firing, and unspent cartridges from the 315 bore firearm were recovered from the Thar Vehicle.” Even the victims were prevented from bringing the relevant material as regards the settled principles for grant of bail to the notice of the High Court as their counsel ‘got’ disconnected from the hearing on January 18, 2022 before he could barely make any submissions and repeated calls to the court staff to get reconnected were of no avail, it alleged. A single judge bench of the high court, on February 10, had granted the relief of bail to Mishra who had spent four months in custody. On October 3, last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. Four farmers were moved down by the SUV. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centre’s now-repealed agri laws. On November 17 last year, the top court had appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the probe by Uttar Pradesh SIT which will also get three IPS officers who are not natives of the state. Recently, another plea seeking cancellation of bail of accused Ashish Mishra was filed by advocates Shiv Kumar Tripathi and CS Panda on whose letter the apex court had taken the suo motu cognizance of the incident. Story first published: Friday, March 4, 2022, 11:19 [IST]