Lakhimpur Kheri violence: SC says an accused should not be in jail for indefinite interval

By PTI

NEW DELHI: An accused shouldn’t be incarcerated for an indefinite interval until he’s confirmed to be responsible of an offence, the Supreme Court mentioned Thursday whereas listening to the bail plea of Union Minister Ajay Kumar Mishra’s son, who is likely one of the accused within the Lakhimpur Kheri violence case.

The high court docket mentioned the worst victims within the case are these farmers languishing in jail and if Ashish Mishra isn’t granted something, then they’re additionally prone to stay in jail.

Reserving its order on the bail plea, a bench of Justice Surya Kant and Justice J Okay Maheshwari mentioned it’s a case of balancing the rights of the events.

On October 3, 2021, eight individuals had been killed in Lakhimpur Kheri district’s Tikunia in a violence that erupted when farmers had been protesting then Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s go to to the world.

According to Uttar Pradesh Police FIR, 4 farmers had been mowed down by an SUV, through which Ashish Mishra was seated. Following the incident, a driver and two BJP staff had been allegedly lynched by offended farmers. A journalist additionally died within the violence.

“The state has a proper to make sure there’s a truthful trial uninfluenced by extraneous circumstances. The state has a proper as a result of society has plenty of stakes concerned. The accused has a proper that until he’s confirmed to be responsible of the offence, he shouldn’t be incarcerated for an indefinite interval.

“To us, this is not one petitioner before us. My principle has been for the last 19 years that I never see the victim who is before me, I also see the victims who cannot come to court and they are the worst victims. You want us to open our mouths. The worst victims are those farmers who are also languishing in jail. Who is going to look after them? If this man is not granted anything, then nobody is going to grant them. They will remain in jail for times to come. The trial court has already rejected their bail,” Justice Kant noticed orally.

Senior advocate Dushyant Dave, showing for these opposing the bail plea, mentioned he was stunned and dissatisfied at this comparability by the court docket.

The high court docket mentioned this can be a case which requires additional monitoring by this court docket and it was inclined to try this.

“We will keep this case pending till the witnesses are examined. We cannot build pressure on the trial court and it will be unfair to order day-to-day trial also,” the bench mentioned.

The apex court docket heard submissions from Additional Advocate General for Uttar Pradesh Garima Prashad, and senior advocates Mukul Rohatgi and Dushyant Dave.

“We will pass orders,” the bench mentioned.

Opposing the bail plea, Prashad advised the highest court docket that the crime was grave.

“It is a grave and heinous crime and (granting bail) will send a wrong signal to society,” she mentioned.

Dave mentioned granting bail will ship a horrible message to society.

Senior advocate Mukul Rohatgi, showing for Mishra, strongly opposed Dave’s submission and submitted that his shopper has been in custody for greater than a 12 months and the way in which the trial goes, it can take seven to eight years to finish it.

He mentioned that Jagjeet Singh, who’s the complainant within the case, isn’t an eyewitness and his criticism is simply primarily based on rumour.

ALSO READ | Lakhimpur Kheri violence: How lengthy can we maintain Ashish Mishra in custody, asks Supreme Court

“Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there is a large number of people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?” Rohatgi, showing for Mishra, mentioned.

“My client got bail in the first instance. This is not a cock and bull story and there is truth in my story,” Rohatgi mentioned, including that his shopper isn’t a prison and there are not any previous data.

On December 6 final 12 months, a trial court docket had framed fees in opposition to Ashish Mishra and 12 others for the alleged offences of homicide, prison conspiracy and others within the case of the loss of life of the protesting farmers in Lakhimpur Kheri, paving the way in which for the beginning of the trial.

A complete of 13 accused, together with Ashish Mishra, have been charged below IPC sections 147 and 148 associated to rioting, 149 (illegal meeting), 302 (homicide), 307 (try to homicide), 326 (voluntarily inflicting grievous damage by harmful weapons or means), 427 (mischief) and 120B (punishment for prison conspiracy), and part 177 of the Motor Vehicle Act.

ALSO READ | Lakhimpur case: HC to listen to bail plea of Ashish Mishra on May 30

The different 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara.

All of them are in jail.

While listening to the matter on December 12 final 12 months, the apex court docket had requested the state authorities, which opposed the bail plea of Ashish Mishra terming the offence “very grave”, to file an affidavit in regards to the standing of the case lodged over the killing of three occupants of the SUV.

NEW DELHI: An accused shouldn’t be incarcerated for an indefinite interval until he’s confirmed to be responsible of an offence, the Supreme Court mentioned Thursday whereas listening to the bail plea of Union Minister Ajay Kumar Mishra’s son, who is likely one of the accused within the Lakhimpur Kheri violence case.

The high court docket mentioned the worst victims within the case are these farmers languishing in jail and if Ashish Mishra isn’t granted something, then they’re additionally prone to stay in jail.

Reserving its order on the bail plea, a bench of Justice Surya Kant and Justice J Okay Maheshwari mentioned it’s a case of balancing the rights of the events.

On October 3, 2021, eight individuals had been killed in Lakhimpur Kheri district’s Tikunia in a violence that erupted when farmers had been protesting then Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s go to to the world.

According to Uttar Pradesh Police FIR, 4 farmers had been mowed down by an SUV, through which Ashish Mishra was seated. Following the incident, a driver and two BJP staff had been allegedly lynched by offended farmers. A journalist additionally died within the violence.

“The state has a proper to make sure there’s a truthful trial uninfluenced by extraneous circumstances. The state has a proper as a result of society has plenty of stakes concerned. The accused has a proper that until he’s confirmed to be responsible of the offence, he shouldn’t be incarcerated for an indefinite interval.

“To us, this is not one petitioner before us. My principle has been for the last 19 years that I never see the victim who is before me, I also see the victims who cannot come to court and they are the worst victims. You want us to open our mouths. The worst victims are those farmers who are also languishing in jail. Who is going to look after them? If this man is not granted anything, then nobody is going to grant them. They will remain in jail for times to come. The trial court has already rejected their bail,” Justice Kant noticed orally.

Senior advocate Dushyant Dave, showing for these opposing the bail plea, mentioned he was stunned and dissatisfied at this comparability by the court docket.

The high court docket mentioned this can be a case which requires additional monitoring by this court docket and it was inclined to try this.

“We will keep this case pending till the witnesses are examined. We cannot build pressure on the trial court and it will be unfair to order day-to-day trial also,” the bench mentioned.

The apex court docket heard submissions from Additional Advocate General for Uttar Pradesh Garima Prashad, and senior advocates Mukul Rohatgi and Dushyant Dave.

“We will pass orders,” the bench mentioned.

Opposing the bail plea, Prashad advised the highest court docket that the crime was grave.

“It is a grave and heinous crime and (granting bail) will send a wrong signal to society,” she mentioned.

Dave mentioned granting bail will ship a horrible message to society.

Senior advocate Mukul Rohatgi, showing for Mishra, strongly opposed Dave’s submission and submitted that his shopper has been in custody for greater than a 12 months and the way in which the trial goes, it can take seven to eight years to finish it.

He mentioned that Jagjeet Singh, who’s the complainant within the case, isn’t an eyewitness and his criticism is simply primarily based on rumour.

ALSO READ | Lakhimpur Kheri violence: How lengthy can we maintain Ashish Mishra in custody, asks Supreme Court

“Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there is a large number of people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?” Rohatgi, showing for Mishra, mentioned.

“My client got bail in the first instance. This is not a cock and bull story and there is truth in my story,” Rohatgi mentioned, including that his shopper isn’t a prison and there are not any previous data.

On December 6 final 12 months, a trial court docket had framed fees in opposition to Ashish Mishra and 12 others for the alleged offences of homicide, prison conspiracy and others within the case of the loss of life of the protesting farmers in Lakhimpur Kheri, paving the way in which for the beginning of the trial.

A complete of 13 accused, together with Ashish Mishra, have been charged below IPC sections 147 and 148 associated to rioting, 149 (illegal meeting), 302 (homicide), 307 (try to homicide), 326 (voluntarily inflicting grievous damage by harmful weapons or means), 427 (mischief) and 120B (punishment for prison conspiracy), and part 177 of the Motor Vehicle Act.

ALSO READ | Lakhimpur case: HC to listen to bail plea of Ashish Mishra on May 30

The different 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara.

All of them are in jail.

While listening to the matter on December 12 final 12 months, the apex court docket had requested the state authorities, which opposed the bail plea of Ashish Mishra terming the offence “very grave”, to file an affidavit in regards to the standing of the case lodged over the killing of three occupants of the SUV.