SC allows Ashish Mishra to enter Lakhimpur for Ram Navami
Ashish Mishra is accused of mowing down four farmers at Lakhimpur on October 3, 2021, while they protested against the now-scrapped farm laws.
The Supreme Court on Monday granted a two-day relaxation for Ashish Mishra, the son of former Union minister Ajay Mishra, to enter his hometown Lakhimpur on April 5 and 6 for the Ram Navami festival. Ashish Mishra is currently on bail in the Lakhimpur Kheri violence case.
The court had refused to permanently waive off this condition fixed in January 2023 while directing him to remain in Lucknow and travel to Lakhimpur Kheri only on the day when trial is fixed.
The SC also refused to entertain an application, filed by one of the victims, seeking cancellation of his bail alleging Mishra’s attempt to influence a witness and his presence at a public function in Lakhimpur on October 2, 2024.
Based on the probe conducted by the Uttar Pradesh police, the court noted that the poster showing Mishra’s presence at a function dated back to October 2021 while the witness who received the call from an unknown person had already been deposed on trial.
“The UP police have filed a status report where the first two allegations – Mishra’s presence in Lakhimpur in October 2024 and a poster declaring his presence at a public event – are not substantiated. The police report says that the conversation with the witness is inconsequential as his examination and cross-examination is over,” the bench headed by justice Surya Kant said.
Appearing for Mishra, senior advocate Siddharth Dave sought action against the victim for making false allegations to tarnish his client’s image. “The victim cannot be permitted to make false allegations and get away. This court’s time has been wasted over frivolous allegations. What is said in their application is meant for the media as if I am interfering with the administration of justice,” Dave said.
He urged the court to remove the condition barring Mishra from entering Lakhimpur Kheri as it deprived him of his family’s company.
The bench, also comprising justice N Kotiswar Singh, said, “The trial is still going on. There is no complaint that you are not cooperating with the trial. The allegation was that you were misusing your liberty during bail...We have sympathy for your children. They should not suffer for anything. But you wait for some more time.”
The court, however, imposed strict conditions while granting Mishra the 2-day leeway for Ram Navami, asking him to return to Lucknow before 5pm on April 7. The bench directed that the petitioner must only celebrate the festival with family members and close relatives and no party workers or functionaries should be present.
Mishra is accused of mowing down four farmers at Lakhimpur on October 3, 2021, while they protested against the now-scrapped farm laws. He was granted interim bail by the top court on January 25, 2023, with strict conditions imposed on his movement and an express bar against him or any person in his family or supporters exerting influence or threat against the witnesses.
Advocate Prashant Bhushan, appearing for the families of the deceased farmers, objected to the UP police report alleging that it records the name of another witness and does not identify the caller. However, his allegation was with regard to another witness who received a call from the office bearer of the Bharatiya Janata Party (BJP).
The court allowed the petitioner named by Bhushan to approach the police with a complaint and directed the UP police authorities that in the event there is any substance in the allegations, the same shall be probed independently and uninfluenced by the earlier report submitted to the court.
On being told that the trial is scheduled for April 16, the bench directed the police and the prosecution handling the case to “revisit” the list of witnesses and prioritise examination of eyewitnesses and other crucial witnesses at the earliest. The court will next consider the matter after April 16.
A total of eight people were killed in the Lakhimpur Kheri violence. Mishra was arrested within six days of the incident in October 2021. As per the police charge sheet, the killings were pre-planned as Mishra arrived in a Mahindra Thar SUV along with a convoy of 3-4 vehicles at the site where the farmers were protesting. One journalist was also killed in the incident.
Infuriated, the protesting farmers pulled out three occupants from the car and killed them. A separate criminal case in this regard was registered by the police and is pending trial where the accused farmers are also out on bail. Prior to approaching the top court, Mishra was refused bail by the Allahabad high court in July 2022.
