Lakhimpur Kheri Case: Supreme Court To Hear Challenge Against Ashish Mishra's Bail On March 11

The Supreme Court on Friday agreed to hear on March 11 the special leave petition filed by the family members of the farmers who got killed in the Lakhimpur Kheri crime challenging the bail granted to Ashish Mishra, son of Union Minister Ajay Mishra, by the Allahabad High Court.

The matter was mentioned for urgent listing before the Chief Justice of India by Advocate Prashant Bhushan. Bhushan pointed out that other accused in the case are also moving the High Court seeking bail on the strength of the relief granted to Mishra.

"I can list on 11th only. Other judge has to be available", CJI NV Ramana said. When Bhushan urged the CJI to pass an order against High Court granting bail to other accused based on Ashish Mishra's order, the CJI said "File memo before HC saying we're taking this matter on 11th".

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.