Lakhimpur Kheri: SC wonders why Uttar Pradesh did not appeal Union Minister’s son’s bail after ‘vehemently opposing’ it in HC
The Hindu
Supreme Court reserves its decision on the plea by farmer’s kin to cancel the bail
The Supreme Court on Monday asked why Uttar Pradesh missed out on filing an appeal against bail granted to Ashish Mishra, prime accused in the Lakhimpur Kheri case and the son of a Union Minister, despite admitting to the gravity of the crime and inspite of the Special Investigation Team urging it to do so.
The court is hearing the appeal made by the bereaved families for cancellation of bail granted to Mr. Mishra by the Allahabad High Court.
“The question is why did you [Uttar Pradesh] not challenge the bail? You knew the circumstances under which we formed the SIT and requested a retired judge of the Punjab and Haryana High Court to monitor the investigation... You yourself admitted the offence is very serious. You say you vehemently opposed the bail application of the accused in the High Court... So we expected you to have acted on the suggestion of the SIT and the monitoring judge to appeal against the bail... You did not...” Chief Justice of India N.V. Ramana, heading a three-judge Bench, asked Uttar Pradesh, represented by senior advocate Mahesh Jethmalani.
The allegation is that Mr. Mishra was part of the group that rammed the vehicle into the farmers who were participating in a rally against the controversial farm laws in Lakhimpur Kheri.
Mr. Jethmalani agreed that the offence alleged, the crushing to death of farmers protesting farm laws and a journalist, was indeed “grave”.
He argued that the SIT had recommended to the State to file an appeal against the bail order of the High Court under the apprehension that Mr. Mishra was influential and could tamper the evidence or “influence witnesses” while out.
Mr. Jethmalani said the State had, however, already addressed this apprehension by providing witnesses with “extensive security”. Police officers would phone the witnesses to ask about their welfare. He said there had been no “untoward incidents” since February 10.