Murder Case Against Union Minister Ajay Mishra | Supreme Court Refuses To Transfer Govt Appeal To Allahabad HC's Prayagraj Bench

The Supreme Court has rejected Union Minister Ajay Mishra Teni's prayer to transfer a Government appeal challenging his acquittal in a 22-year-old murder case from Allahabad High Court's Lucknow bench to Prayagraj Bench.

Instead, the bench of Chief Justice UU Lalit and Justice Bela M. Trivedi made a request to the High Court to hear the appeal for disposal on November 10, 2022, the date given by the High Court and agreed upon by Senior Counsels for both the sides.

Mishra had moved the Supreme Court after his plea for transfer of the Government's appeal was dismissed by the Chief Justice-led bench of the Allahabad High Court. He had sought the transfer on the ground that the Senior Counsel who is representing him was ordinarily based in Allahabad and because of his old age, it would not be possible for him to go all the way to Lucknow for arguments.

In this regard, the Supreme Court observed that in case the Senior Counsel (representing Mishra) is unable to come down to Lucknow, a request for allowing said counsel to make submissions through videoconferencing may be considered by the High Court.

It may be noted that this case dates back to the year 2000 when a rising student leader Prabhat Gupta was shot dead near his house. In this case, 3 people including Union Minister Teni were named as accused. In 2004, he was acquitted by the lower Court. Challenging that order, UP Govt moved the High Court in the year 2004.

A co-ordinate Bench of the High Court heard the appeal finally and reserved its order on March 12, 2018, however, the same was released on the application filed by the complainant/applicant as the judgment was not delivered after more than six months and the matter was ordered to be listed for final hearing.

Thereafter, four years lapsed but the matter could not be heard finally, hence an application for early listing of the appeal for a final hearing was filed earlier this year. Hearing the matter on April 7, the Court had directed that the matter be listed for final hearing on May 16, 2022, before the appropriate Bench.

Despite the Division bench's order, the judgment in the case could not be delivered, and the case was adjourned at least 8 times till October 17. Now, the Court is likely to hear the matter finally on November 10.

Case title - RAJEEV GUPTA v. THE STATE OF UTTAR PRADESH

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