Image courtesy: Hindustan Times
On March 16, 2022, the Supreme Court issued a notice to the State Government of Uttar Pradesh asking it to make sure that the witnesses are protected. The court also directed the State to file a detailed counter affidavit.
On being informed about the attack on witnesses, a special bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli hearing the plea challenging Ashish Mishra’s bail order, filed by the family of Lakhimpur Kheri massacre victims, questioned State Counsel Advocate Ruchira Goel, “Madam, what is this? They are saying a witness has been attacked. You have to file a detailed counter. See that witnesses are protected. We’ll list immediately after Holi.”
The Court is set now to hear the matter on March 24, 2022.
Advocate Dushyant Dave, appearing for the petitioners submitted that the High Court order was misdirected on the principles of grant of bail, especially considering the trial court refused bail. He stated, “See what has influenced him. Sufficient material has come on record to pin him down in chargesheet. FIR isn’t sacrosanct investigation is important.”
On the intervening night between March 10 and March 11, 2022, when 10 men allegedly belonging to the Bharatiya Janata Party (BJP) allegedly assaulted and threatened Diljot Singh, one of the witnesses of the Lakhimpur Kheri killings. The goons distracted gunman Manoj, a security guard assigned to protect Singh, and attacked the sugarcane farmer with belts. According to the FIR complaint, accused Ashok, Ramu, Munnalal, Anil Trivedi, Pavan and five to six others dealt severe injuries to Singh’s head and tore his clothes.
Brief background of the case
Ashish Mishra was travelling with a convoy of vehicles along with other goons, when his vehicle allegedly mowed down protesters. This led to the death of four farmers and one journalist among others at the spot. After dodging arrest for a while, Mishra surrendered, but quickly applied for bail. When it was repeatedly denied by lower courts, Mishra moved the Allahabad High Court.
It was on February 10, a day when Uttar Pradesh Assembly elections commenced, incidentally with a polling phase catering to several farmer dominated constituencies that the HC granted Mishra bail. Farmer leaders expressed great anger in the farming community on receiving this news, while survivors of the October 3, 2021 incident voiced fear for their lives.
And their fears were not unfounded, given how shortly after Ashish Mishra was granted bail, the impunity of his supporters became increasingly evident.
The plea against the bail order
The families of victims and eye-witnesses then filed a plea before the Supreme Court against the HC decision on February 21, 2022. In their petiton, they said, “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.”
The victim’s family advocate Prashant Bhushan told the SC bench led by CJI NV Ramana on March 15, “The witness was brutally attacked. Other co-accused is seeking bail based on the order.” He also informed to the Court about a shocking statement made to them, “They are saying now that BJP has won the election, you will see what we can do.”
SC was set to hear the plea today, March 15, 2022, but it had to reschedule it yet again. CJI NV Ramana stated, “We are constituting a bench. It will be listed tomorrow. It will be listed for an appropriate bench.”
Ashish Mishra’s feeble defence
Ashish Mishra’s legal representative argued at the time of his bail hearing that he was not present at the event when the killings occurred, but was instead attending a Dangal function four kilometres away. Senior Counsel G.D. Chaturvedi had said that even if the same was proved to be false, the complainant Jagjeet Singh said Ashish was sitting beside the driver and not in control of the Mahindra Thar vehicle.
Further, he said there is no evidence that proves Ashish ordered the driver to mow down the farmers. Chaturvedi said that even if the killing was proved to be a deliberate act, it cannot be linked to Ashish. Despite the complainant’s query of how a driver could disobey the orders of his employer – the son of an influential Minister – the Court eventually allowed Ashish’s bail.
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SC to hear plea challenging Ashish Mishra’s bail tomorrow
Lakhimpur Kheri accused Ashish Mishra gets bail