Lakhimpur Kheri Violence: Arguments On Ashish Mishra's Bail Plea To Be Heard By Allahabad High Court On Jan 18

The Allahabad High Court will hear the arguments in Ashish Mishra's bail plea (filed in connection with a case filed against him on murder charges for the Lakhimpur Kheri incident) on January 18, 2022.

Mishra, the son of Union Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra is the prime accused in the Lakhimpur Kheri Violence case is under police custody and has moved to the Allahabad High Court seeking bail in the case.

On Tuesday (January 11), the counsel appearing on behalf of Mishra prayed before the Bench of Justice Rajeev Singh that the matter be listed on January 18, and on that day, Senior Advocate Gopal Chaturvedi would be arguing the matter.

In view of this, the Court has now listed the matter on January 18. It may be noted that the affidavits have already been exchanged between the parties.

Essentially, this bail plea relates to the case registered against Mishra for an incident that took place on October 3, when several farmers were holding protests against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya to Lakhimpur Kheri district, and four protesting farmers were killed after they were mowed down by an SUV.

In his bail plea, accessed by Live Law, Mishra has argued that he was not in his car when the said incident took place and rather, he was attending a Dangal function in village Banveerpur, which is 4 kilometers away from the place of the incident.

The bail plea further submits that his presence at the Dangal function is duly supported by the electronic record and mobile location.

Mishra has further contended that even if the prosecution's story is considered to be true, he had a right to self/private defence as contemplated under section 97/103 of IPC will be available to all the accused.

In this regard, the plea also avers that the Farmers assembled together in order to take revenge against the statement made by the father of the applicant as a result of which, the Sikh community consisting of Khalistan Terrorist Organisation established from the logo upon their shirts, coupled with the fact that they were armed with deadly weapons in order to display their anger captured the Helipad to show protest against the governmental functionaries.

"...they are aggressors by committing murder and causing grievous injuries to the persons sitting in the THAR vehicle, knowingly that the vehicle belongs to the father of the applicant and while coming from their home the persons sitting in the THAR vehicle had not acted in covert manner and the driver of the THAR vehicle after sustaining head injuries might have lost his mental equalibirium or might have acted in the right of private defence and thus, no criminal liability can be attributable against the applicant."

It has been further argued that the convoy of the accused including the 'Thar' car was attacked by an unlawful assembly formed by alleged protesting farmers and three persons sitting in the car were done to death. In this regard, Mishra has submitted had he been in the car at the relevant point of time, he must have also been done to death.

"...the vehicles were going to receive the Chief Guest in full speed and the obstruction of the public road at the end of so-called Kissans armed with deadly weapons was wholly unwarranted and also against the illegal act of forming of an unlawful assembly and the gathering of about 5000 people at one point of time at one place without taking permission from the district administration renders them liable for criminal activities to be visited with the punishment contemplated under the penal laws," the plea further states.

The plea also adds that the glass and windscreen of the vehicles in the convoy were broken up by the members of the unlawful assembly by deadly weapons and stones, etc. with an ulterior motive in order to take revenge under the assumption that Mishra was sitting in the Thar vehicle, though he was present in Dangal function at Banveerpur.

Lastly, the plea adds thus:

"...from the electronic evidence, it transpires that the offence of murder can never be attributable against any accused in the light of the exception due to sudden fight, sudden quarrel, heat of passion and without premeditation or in alternative exceeding the right of private defence, as contemplated under exception 2 and 4 attached to section 300 IPC."

Other developments in the case

The Uttar Pradesh Police on January 3 filed a charge sheet in the Lakhimpur Kheri Violence case before a local Court in Lakhimpur naming Union Minister Ajay Mishra's son, Ashish Mishra as the prime accused.

However, the 5,000-page charge sheet doesn't name Union Minister as an accused in the case, but the name of one Virendra Shukla, a relative of Asish Mishra has been added as an accused in the case, the Public Prosecutor SP Yadav informed the Media today.

It may be noted that in December, the Special Investigation Team of the Uttar Pradesh police that is probing the Lakhimpur Kheri violence incident had said before the Lakhimpur local Court that there was a planned conspiracy to kill the people present during the incident.

"It appears from the probe that has been conducted and material collected till now that the said act wasn't a negligent act committed by the accused, rather, it was done intentionally as per premeditated plan to kill...", the application filed by the SIT avers.