Lucknow (Uttar Pradesh) [India], July 26 (ANI): The Allahabad High Court on Tuesday denied bail to Ashish Mishra, the son of Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri violence case.
Lakhimpur Kheri (Uttar Pradesh) [India], April 24 (ANI): Union Minister Ajay Mishra's son Ashish Mishra, an accused in the Lakhimpur Kheri violence case, surrendered before the magistrate at the district jail on Sunday.
New Delhi Apr 18 PTI The Supreme Court on Monday cancelled the bail granted to Union minister Ajay Mishras son Ashish Mishra in the Lakhimpur Kheri violence case and asked him to surrender in a week observing the Allahabad High Court had shown tearing hurry in giving relief and adopted a myopic view of the evidence The top court also said the victims were denied a fair and effective hearing in the high court noting that a victim has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision Holding that the high court order cannot be sustained and deserved to be set aside the top court termed the Lakhimpur Kheri incident if true as per allegations as an awakening call to the state authorities to reinforce adequate protection for the life liberty and properties of the eyeinjured witnesses as well as for the families of the deceased While the Congress attacked the government after the verdict and asked when will Prime Minister Narendra Modi sack Ajay Mishra the Union Minister of State for Home the Bharatiya Kisan Union BKU leader Rakesh Tikait said the court decision has given hope of justice to farmers On October 3 last year eight people were killed in Lakhimpur Kheri during the violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the area Four farmers were mowed down by an SUV in which Ashish Mishra was seated according to the UP Police FIR Following the incident the driver and two BJP workers were allegedly lynched by angry farmers A journalist also died in the violence that had triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agricultural reform laws ahead of the Assembly polls in Uttar Pradesh and four other states Family members of the deceased farmers had challenged the February 10 order of a single-judge bench of the high court giving bail to Ashish Mishra who had spent four months in custody Ashish Mishra is the main accused in the case The top court dealt in detail with the rights of victims in criminal cases and said they are totally independent incomparable and are not accessory or auxiliary to those of the state under the Code of Criminal Procedure CrPC We are thus of the view that this court on account of the factors like i irrelevant considerations having impacted the impugned order granting bail ii the High Court exceeding its jurisdiction by touching upon the merits of the case iii denial of victims right to participate in the proceedings and iv the tearing hurry shown by the High Court in entertaining or granting bail to the respondentaccused can rightfully cancel the bail without depriving the Respondent-Accused Mishra of his legitimate right to seek enlargement on bail on relevant considerations said a bench of Chief Justice N V Ramana and justices Surya Kant and Hima Kohli Writing the 24-page judgement Justice Surya Kant asked the high court to decide the bail plea of the accused within a period of three months and held the presence of state in the bail proceedings does not tantamount to according a hearing to a victim of the crime It took note of the submissions of victims that they were not heard in the high court as the video connection of their lawyer was lost and said we are constrained to express our disappointment with the manner in which the high court failed to acknowledge the right of the victims The verdict considered questions including whether a victim as defined in the CrPC is entitled to be heard at the stage of adjudication of bail application of an accused It also dealt with the issue whether high court overlooked relevant considerations while granting bail to Mishra and if soshould the apex court interfere Analysing the submissions the court said until recently criminal law had been viewed on a dimensional plane in which courts were required to adjudicate between the accused and the state and the victim had no participation in adjudicatory process and was made to sit outside the Court as a mute spectator The verdict then noted the evolution in law and said a victim within the meaning of CrPC cannot be asked to await the commencement of trial for asserting hisher right to participate in the proceedings The victim has a legally vested right to be heard at every step post the occurrence of an offence On the first issue it answered in the affirmative and held that in the present case the victims have been denied a fair and effective hearing at the time of granting bail to the accused It cannot be gainsaid that the right of a victim under the amended CrPC are substantive enforceable and are another facet of human rights The victims right therefore cannot be termed or construed restrictively like a brutum fulmenempty threat it said adding such rights are totally independent of the State The verdict said that while deciding the bail plea a court should refrain from evaluating or undertaking a detailed assessment of evidence as the same is not a relevant consideration at the threshold stage A court may examine prima facie issues including any reasonable grounds whether the accused committed an offence or the severity of the offence itself an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence is undesirable it added Instead of looking into aspects such as the nature and gravity of the offence severity of the punishment in the event of conviction circumstances which are peculiar to the accused or victims likelihood of the accused fleeing likelihood of tampering with the evidence and witnesses and the impact that his release may have on the trial and the society at large the high court has adopted a myopic view of the evidence on the record and proceeded to decide the case on merits The high court had granted bail to Mishra after taking note of the submissions including that the FIR which alleged fire arm injuries caused by the accused was not corroborated by the forensic evidence and the post-mortem report The High Court has taken into account several irrelevant considerations whilst simultaneously ignoring judicial precedents and established parameters for grant of bail It has been ruled on numerous occasions that a FIR cannot be treated as an encyclopaedia of events the top court said While allegations in the FIR that the accused used his firearm and the subsequent post mortem and injury reports may have some limited bearing there was no legal necessity to give undue weightage to the same it said adding thatobservations of high court may have bearings on the trial It referred to the courts job to ensure that neither the right of an accused to seek bail pending trial is expropriated nor the victim or the state are denuded of their right to oppose such a prayer The top court then remanded the bail plea of the accused for fresh consideration in a fair impartial and dispassionate manner and keeping in view the settled parameters PTI SJK RKS ASK KIS GSN GSN GSN
Noida Apr 18 PTI The Supreme Courts decision to cancel bail to Union Minister Ajay Mishras son Ashish in the Lakhimpur Kheri violence case has given hope of justice to farmers Bharatiya Kisan Union BKU leader Rakesh Tikait said on Monday Tikait said the Uttar Pradesh government should now work to provide security compensation and justice to the aggrieved farmers The cancellation of bail of ministers son Ashish by the Supreme Court has given hope to the farmers for justice UP government should work to provide security compensation justice to the aggrieved farmers Get the innocent farmers out of jail The struggle will continue till full justice is achieved the BKU national spokesperson tweeted in HindiEarlier on Monday the Supreme Court cancelled the bail granted by the Allahabad High Court to Ashish Mishra son of Union minister Ajay Mishra in the case and asked him to surrender within a weekThe top court remanded the bail application for fresh adjudication on merits after taking note of relevant facts and the fact that the victims were not granted a complete opportunity of being heardOn October 3 last year eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the area Four farmers were mowed down by an SUV in which Ashish Mishra was seated according to the UP Police FIR Following the incident the driver and two BJP workers were allegedly lynched by angry farmers A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agricultural reform laws PTI KIS DV DV
New Delhi Apr 18 PTI The Supreme Court on Monday cancelled the bail granted by the Allahabad High Court to Ashish Mishra son of Union minister Ajay Mishra in the Lakhimpur Kheri violence case and asked him to surrender in a weeks timeA special bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli held that the high court took into account irrelevant considerations and gave extra weightage to the contents of the FIRThe top court remanded the bail application for fresh adjudication on merits after taking note of relevant facts and the fact that the victims were not granted a complete opportunity of being heardThe denial of victims to be heard and the tearing hurry shown by the high court merits the setting aside of bail order Justice Surya Kant who read the operative portion of the judgement said adding that the order cannot be sustained and has to be set aside The bench said that it was not necessary to observe that the bail application of the accused should not be heard by the same judge saying this aspect was better left to the chief justice of the high courtThe top court on April 4 had reserved its order on a plea of farmers seeking cancellation of bail to MishraA single judge bench of the high court on February 10 had granted bail to Mishra who had spent four months in custodyDuring the hearing the top court hadraised questions over the high court verdict granting bail to Mishra saying unnecessary details like postmortem report nature of wounds should not have gone into when the trial was yet to commenceWhile reserving the order on a plea of farmers seeking cancellation of bail of Ashish it had also taken a strong note of the fact that the state government did not file an appeal against the high courts order as suggested by the apex court-appointed SIT saying This is not a matter where you wait for years How can the judge go into a postmortem report etc We are hearing a bail matter we do not want to prolongThis way of going into merits and going into wounds etc is unnecessary for the question of bail the bench had observedOn March 16 the top court had sought responses of the Uttar Pradesh government and Ashish Mishra on a plea challenging the grant of bail to himIt had also directed the state government to ensure protection of witnesses after the counsel appearing for farmers referred to the attack on a key witness on March 10On October 3 last year eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the areaFour farmers were mowed down by an SUV in which Ashish Mishra was seated according to the UP Police FIR Following the incident the driver and two BJP workers were allegedly lynched by angry farmersA journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agricultural reform laws PTI SJK DV DV
New Delhi Apr 18 PTI The Supreme Court on Monday cancelled the bail granted by the Allahabad High Court to Ashish Mishra son of Union minister Ajay Mishra in the Lakhimpur Kheri violence caseA special bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli also asked the accused to surrender in a weeks timeThe top court on April 4 had reserved its order on a plea of farmers seeking cancellation of bail to Mishra Earlier the high court had granted bail to himOn October 3 last year eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the areaFour farmers were mowed down by an SUV in which Ashish Mishra was seated according to the Uttar Pradesh Police FIR Following the incident the driver and two BJP workers were allegedly lynched by angry farmers A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agricultural reform laws PTI SJK DV DV
New Delhi [India], April 13 (ANI): The Supreme Court will deliver an order on April 18 on the plea seeking cancellation of bail granted to Ashish Mishra in the Lakhimpur Kheri violence case.
New Delhi [India], April 4 (ANI): The Supreme Court on Monday reserved its order on the plea seeking to cancel the bail granted to the son of Union Minister of State for Home Affairs Ajay Mishra Teni, Ashish Mishra, in Lakhimpur Kheri violence case.
New Delhi Mar 30 PTI The Supreme Court on Wednesday directed the Uttar Pradesh government to respond by April 4 to the two reports of a retired judge monitoring the SIT probe into the Lakhimpur Kheri violence case which had sought cancellation of bail to Ashish Mishra son of Union minister Ajay MishraA bench headed by Chief Justice N V Ramana said the monitoring judge had written to the state for cancellation of bail granted by the Allahabad High Court to Ashish Mishra in connection with the caseThere are two letters sent by the SIT to the Additional chief secretary home of the Uttar Pradesh government by the monitoring judge who had written to the state to file appeal in SC to cancel bail of main accused Ashish Mishra said the bench also comprising Justices Surya Kant and Hima Kohli Senior advocate Mahesh Jethmalani appearing for the state government took instructions and informed the apex court that the Additional Secretary Home has stated now to us that he did not receive the letters The bench then asked him to go through the reports submitted by the SIT and respond to it by April 4 Senior advocate Dushyant Dave appearing for the petitioners submitted that the Uttar Pradesh government has submitted that they had opposed the bail in the High Court It is imminent that the bail be cancelled or set aside in these circumstances as the HC verdict suffers from non application of mind he said Dave also submitted that Ashish Mishra in his affidavit had relied on documents to show he was not present at the scene of crime on October 3 last year The state terms these documents as doctored Dave said and requested the top court to take a serious view of this The bench said that it will hand over the report of the judge and the letters to the petitioners and the UP government counsel and posted the matter for hearing on April 4 The Uttar Pradesh government on Tuesday told the Supreme Court that decision to challenge the grant of bail by the Allahabad High Court to Ashish Mishra son of Union minister Ajay Mishra in connection with the Lakhimpur Kheri violence that left eight people including four farmers dead is pending consideration before the relevant authorities The state government in response to appeal filed by family members of the victims of Lakhimpur Kheri violence had said that the Allahabad High Court order as well as its counter affidavit would demonstrate it has vehemently opposed the bail application of Mishra The top court had appointed Justice Rakesh Kumar Jain former judge of the Punjab and Haryana High Court to supervise on a day-to-day basis the Uttar Pradesh SITs probe into the Lakhimpur Kheri violence The state government said that as per the orders of the court the families of all the victims of Lakhimpur violence case and all the witnesses whose Section 164 statements were recorded have been receiving continuous security under the Witness Protection Scheme of 2018 On March 16 the top court had sought responses of the UP government and Ashish Mishra on a plea challenging the grant of bail to him It had also directed the state government to ensure protection of witnesses after counsel appearing for farmers referred to the attack on a key witness on March 10 On October 3 last year eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the area Four farmers were mowed down by an SUV following which the driver and two BJP workers were allegedly lynched by angry farmers A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agri laws PTI MNL The Uttar Pradesh government on Tuesday had told the top court that the decision to challenge the grant of bail by the Allahabad High Court to Ashish Mishra is pending consideration before the relevant authorities In its reply affidavit filed on the appeal filed by family members of the victims of Lakhimpur Kheri violence the state government had said that the Allahabad High Court order as well as its counter affidavit would demonstrate it has vehemently opposed the bail application of Mishra The state government had said that as per the orders of the court the families of all the victims of Lakhimpur violence case and all the witnesses whose Section 164 statements were recorded have been receiving continuous security under the Witness Protection Scheme of 2018 On March 16 the top court had sought responses of the UP government and Ashish Mishra on the plea challenging the grant of bail to him It had also directed the state government to ensure protection of witnesses after counsel appearing for farmers referred to the attack on a key witness on March 10 On October 3 last year eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Mauryas visit to the area Four farmers were mowed down by an SUV following which the driver and two BJP workers were allegedly lynched by angry farmers A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centres now-repealed agri laws PTI PKS SA
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