Lakhimpur Kheri Case: Family Of Deceased Farmers Move Supreme Court Against Bail Granted To Ashish Mishra

A special leave petition has been filed before the Supreme Court challenging the Allahabad High Court's order granting bail to Ashish Mishra, the prime accused in the Lakhimpur Kheri violence incident which had claimed lives of 8 people.

The petition has been filed by the family members of the murdered farmers against the impugned order as the State of Uttar Pradesh where the political party of the accused and his father is in power has failed to file appeal against the impugned order.

According to the petitioners, the impugned order is perverse because the chargesheet in the case was filed on 03.01.2022, however the bail applicant did not bring the same on record before the High Court and the High Court neither considered nor dealt with the overwhelming evidence against the accused in chargesheet

The petition filed through Advocate Prashant Bhushan, has stated that the lack of any discussion in the High Court's order as regards the settled principles for grant of bail is on account of lack of any substantive submissions to this effect by the State as the accused wields substantial influence over the State government as his father is a Union Minister from the same political party that rules the State.

Further , according to the petitioners, the observation of the High Court that, "there might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place", is perverse especially when there was nothing on record to show the same.

Further, the petition has pointed out that there is evidence in fact in the chargesheet to the contrary showing that the vehicles had been dashing at high speeds of 70-100 km/hr from the time they left the venue of the 'dangal'; when they passed the petrol pump, when they crossed the police crossing; all the way to the scene of the crime; and the same has been attested to by various eye witnesses including police officials on duty.

Case Details: 

Essentially, a case was 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.

Allegedly, the SUV was part of the convoy of Union Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra (Ashish Mishra's father).

Thereafter, the police had filed a first information report against Ashish Mishra (son of minister Ajay Kumar Mishra) and several others in connection with the violence case under Section 302 IPC.

The Uttar Pradesh Police on January 3 had 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.

Further, the police had also prayed before the Court that Sections 304A (culpable homicide not amounting to murder), 279 (negligent driving), and 338 (causing grievous hurt) against all accused be removed and instead, Sections 307 (attempt to murder), 326 (causing hurt with dangerous weapon), 34 (acts done by several persons in furtherance of common intention), and 3/25 Arms Act be registered against them.

The Supreme Court in November 2021 appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the investigation in the Lakhimpur Kheri violence.

This order came from the bench headed by the Chief Justice of India NV Ramana, which is hearing a PIL registered on the basis of a letter petition sent by two lawyers seeking an impartial probe into the Lakhimpur Kheri violence of October 3.

Case Details: Jagjeet Singh & Ors vs Ashish Mishra Alias Monu & Anr