On July 26, 2022, the Allahabad High Court rejected the bail plea of Ashish Mishra, son of Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri Violence case wherein he is the prime accused for the death of four famers, reported LiveLaw.

After reserving the judgment on July 15, the Lucknow bench of Justice Krishna Pahal reportedly stated that if Mishra is granted bail there are chances that he may influence the witnesses which may affect the trial.

The Lucknow Bench of Allahabad High Court had granted bail to Ashish on February 10, 2022.

But, later the Supreme Court cancelled the bail and directed the high court to decide his bail plea after affording adequate opportunity to the victim side.

Accordingly, the high court heard his bail plea afresh.

Meanwhile on May 9, the court rejected the bail pleas of co-accused Lavkush, Ankit Das, Sumit Jaiswal and Shishupal.

While rejecting their pleas, the high court had observed that the four accused were actively involved in planning and participation of the heinous offence committed in a “cruel and inhuman manner” and as such did not deserve bail.

The bench had further observed, “These four accused and the main accused, Ashish Mishra alias Monu belonged to very influential political families as said and apprehension of the prosecution that they would interfere with the course of justice, tamper with the evidence and influence the witnesses, cannot be ruled out at this stage.”

Ashish Mishra is a co-accused in connection with the killing of four farmers and a journalist at Tikunia in Lakhimpur Kheri district of Uttar Pradesh on October 3 last year.

The farmers and the journalist were mowed down by a speeding vehicle. In the ensuing violence, two Bharatiya Janata Party (BJP) workers and the driver of a vehicle were also killed by an agitated mob.Two FIRs were lodged in connection with the violence.

Related:

Lakhimpur Kheri case: HC to deliver verdict on Ashish Mishra’s bail plea

Lakhimpur Kheri case: Third witness attacked, survives firing by goons

Farmers demand answers: What happened to written promises?

The post Allahabad High Court denies bail to Ashish Mishra in the Lakhimpur Kheri Violence case appeared first on SabrangIndia.

Lucknow: The Allahabad High Court on Tuesday will deliver its verdict on the bail plea of Ashish Mishra alias Monu, the son of Union Minister of State for Home Ajay Mishra, in connection with the Lakhimpur Kheri violence case.

A bench of Justice Krishna Pahal had reserved its order on July 15 after completing the hearing.

The Lucknow Bench of Allahabad High Court had granted bail to Ashish on February 10, 2022.

But, later the Supreme Court cancelled the bail and directed the high court to decide his bail plea after affording adequate opportunity to the victim side.

Accordingly, the high court heard his bail plea afresh.

Meanwhile on May 9, the court rejected the bail pleas of co-accused Lavkush, Ankit Das, Sumit Jaiswal and Shishupal.

While rejecting their pleas, the high court had observed that the four accused were actively involved in planning and participation of the heinous offence committed in a “cruel and inhuman manner” and as such did not deserve bail.

The bench had further observed, “These four accused and the main accused, Ashish Mishra alias Monu belonged to very influential political families as said and apprehension of the prosecution that they would interfere with the course of justice, tamper with the evidence and influence the witnesses, cannot be ruled out at this stage.”

Ashish Mishra is a co-accused in connection with the killing of four farmers and a journalist at Tikunia in Lakhimpur Kheri district of Uttar Pradesh on October 3 last year.

The farmers and the journalist were mowed down by a speeding vehicle. In the ensuing violence, two Bharatiya Janata Party (BJP) workers and the driver of a vehicle were also killed by an agitated mob.

Two FIRs were lodged in connection with the violence.

The post Lakhimpur Kheri case: HC to deliver verdict on Ashish Mishra’s bail plea appeared first on SabrangIndia.

A small relief to Lakhimpur Kheri violence witnesses after the Supreme Court today cancelled main accused Ashish Mishra’s bail. According to the Bar and Bench, the matter has been remanded back to the Allahabad High Court for fresh consideration.

A bench of Chief Justice of India NV Ramana, and Justices Surya Kant and Hima Kohli, said Union Minister Ajay Mishra’s son will have to surrender before the police within a week. Mishra is accused of killing four farmers and a local journalist during the October 3, 2021, violence in Tikonia village. Three more people also died in the violence.

Following his bail in February amidst Uttar Pradesh elections, two witnesses in the district survived assaults and faced death threats. Voicing concerns about the bail, they approached the apex court to appeal against the High Court order. Justice Kant said this was in view of the fact that families of the deceased were denied chance of effective hearing before the Allahabad High Court.

“The denial of victims to be heard and the tearing hurry shown by the High Court merits the setting aside of bail order. Thus, we remand the matter back to High Court for fresh consideration of the bail application of the accused,” the Supreme Court directed, as per the Bar and Bench.

Kant further said that a victim of a crime has the unbridled participatory right in the criminal trial process i.e., they have a right to be involved in decisions that affect them most. In bail processes, the court is required to consider victims’ safety and security. As such, the top court criticised the Allahabad High Court for failing to consider judicial precedents while granting the bail.

“FIR cannot be treated as an encyclopaedia of events. Judicial precedents were ignored,” the Bar and Bench quoted the order.

The court order also comes a day after the farmers’ umbrella body Samyukta Kisan Morcha (SKM) voiced faith in the Supreme Court’s judgement. On April 17, the SKM voiced its concerns about the attacks on witnesses. The latest attack was in Kheri district on a key witness.

“While farmers are being implicated in false cases and arrested, and witnesses are being attacked, the culprits are roaming free,” it said.

Justice for the Lakhimpur Kheri violence is still a chief demand for farmer unions. Peasants condemned the attack on peacefully protesting farmers, demonstrating outside an event attended by State Deputy Chief Minister Keshav Prasad Maurya. Mishra’s initial arrest came a whole week after the incident. Further, it took the apex court’s intervention to ensure that the Special Investigation Team (SIT) conducted a proper survey that recently revealed that the violence was a “planned attack”.

In November 2021, a trial court rejected Mishra’s bail. Finally, Justice Rajeev Singh of the Allahabad High Court granted him bail on February 10 at the High Court. He claimed there might have been a possibility that the driver sped up the vehicle to save himself.

Disappointed by the judiciary, farmers then resolved to appeal to the Supreme Court themselves.

Related:

SKM breaks down demand for MSP to masses

Jal Satyagraha as part of farmers’ MSP week protests

SKM calls for week-long MSP campaign

Another Lakhimpur Kheri witness attacked!

SC slams State, issues notice for protection of witnesses in Ashish Mishra case

The post BREAKING: SC cancels Ashish Mishra’s bail appeared first on SabrangIndia.

Despite a Supreme Court notice to protect Lakhimpur Kheri violence witnesses, Rampur’s Hardeep Singh survived an alleged attack on April 11, 2022 night. He is the second key witness to undergo such an ordeal after the Uttar Pradesh elections and bail of main accused Ashish Mishra.

Singh was among those peacefully protesting farmers who were present when Ashish Mishra’s vehicle allegedly mowed down protesters in Tikonia village on October 3, 2021 in Lakhimpur Kheri. As many as eight people died during the incident that was dubbed a “pre-planned” attack by the Special Investigation Team (SIT). The prime-accused is Union Minister Ajay Mishra’s son, and was arrested after many protests. However, he received bail amidst UP elections.

Since then, witnesses have told SabrangIndia that they are apprehensive of attacks by the ruling regime or sympathisers of Mishra. Singh recounted on Monday how Bharatiya Janata Party’s (BJP) District Secretary Mehar Singh Dayol, BJP member Saranbjeet Singh and three others allegedly hit his head with the butt of his licensed gun.

Singh was returning from Bilaspur with his friend when the accused stopped them and threatened Singh and his family members. Verbally abusing him, Dayol allegedly told Singh to withdraw his name from the witness list. According to the victim, the BJP official had previously made similar threats as well.

“He said to me “This time I’m only hitting you with the butt of the gun. If you give your statement in Lakhimpur Court then I’ll shoot you.” After that, people gathered and they ran away,” said Hardeep in his complaint letter.

Despite expressing an answer towards the accused, Singh said that the police cooperated with him and his family. The CO, SHO and a Rampur team even visited the area, Singh told SabrangIndia. However, he is yet to receive the FIR statement that acknowledges tha complaint under attempt to murder. “There should be an investigation against them. My friend who lives nearby is also a witness. If nothing is done, even he is in danger,” Singh told SabrangIndia.

The first witness to be attacked was Diljot Singh who was assaulted on the intervening night of March 10 and March 11. Unlike Hardeep, Diljot had a security guard with him when he delivered sugarcane. Still, 10 goons allegedly stopped his tractor, distracted the guard and beat the farmer with belts before tearing his clothes.

Moreover, SKM’s legal cell informed that the police registered an FIR only after pressure from the people. This despite the accused being known people yet again. At the time, the SKM feared that such cases would increase.

After Diljot’s ordeal, the Supreme Court ordered the state government to provide security to Lakhimpur Kheri violence witnesses. Far from receiving any intimation on this, Hardeep now nurses the bruises on his head and eyes.

Related:

SC slams State, issues notice for protection of witnesses in Ashish Mishra case
UP Assembly Elections: Lakhimpur Kheri witness allegedly attacked by BJP goons celebrating victory
SC to hear plea challenging Ashish Mishra’s bail tomorrow
Farmers fail to deliver “Vote ki chot” to BJP in UP

The post Another Lakhimpur Kheri witness attacked! appeared first on SabrangIndia.

Questioning the Uttar Pradesh (UP) government’s inaction in the case of bail granted to the Union minister’s son Ashish Mishra, the Supreme Court on Monday, April 4, said that it expected the UP government to act on the suggestion of the Special Investigation Team (SIT) it had constituted, that had recommended the same. Mishra is accused of owning the vehicle which allegedly mowed down four farmers in Uttar Pradesh’s Lakhimpur Kheri last year. The court has reserved its order in the appeal against the grant of bail.

At this hearing, the Chief Justice of India (CJI)-led bench of the Supreme Court had revealed that the SIT had twice recommended that the state challenge Mishra’s bail, on the March 30 hearing of the special leave petition filed by the family members of the four farmers, against Ashish’s bail. The court has now reserved its order on the challenge.

Ashish Mishra is the son of Bharatiya Janata Party (BJP) leader and Union Minister of State for home, Ajay ‘Teni’ Mishra. On October 3 last year, after the car allegedly belonging to Ashish ran over four people who were part of a large group of farmers protesting a now-repealed central law. This also led to the death of a local journalist. The SIT led by Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana high court, later called the mowing down of the farmers a “planned conspiracy.”

Ironically, Mishra was granted bail by the Allahabad high court on February 10, the day of the first phase of the seven-phased Uttar Pradesh’s assembly polls. Lower courts had earlier rejected Ashish Mishra’s bail plea. He was released from prison on February 15 while elections were in full swing. Justice Surya Kant also noted during the hearing that the victims of the violence (mowing down) were not even heard during the virtual hearing of the High Court due to technical difficulties.

At the extended hearing of the cancellation of bail granted to Union Minister Ajay Mishra’s son, Ashish Mishra, on Monday, the Supreme Court bench comprising Chief Justice of India N.V. Ramana, Justice Surya Kant and Justice Hima Kohli, also pointed out that there was a problem in which the high court appeared to have gone into the merits of the case while hearing Mishra’s bail. The Bench also wondered why the High Court of Allahabad went into detailed examination of evidence at the stage of granting bail.

LiveLaw reported that the bench, while questioning the State Counsel, said, “Forget about merits, how can the judge go into all this post mortem and all? I’m hearing a bail matter, I don’t want to prolong this. The question is if prima facie the bail has to be cancelled.” The bench further said, “We don’t approve this kind of non-sense, considering such irrelevant things. He was hit by tire scooter what is this? This is not good. We feel going into all these injuries and all is unnecessary and wrong.”

The counsel for Petitioner, Senior Advocate Dushyant Dave argued that the High Court of Allahabad failed to consider relevant facts of the case and that its order granting bail to the accused suffered from gross non-application of mind. In support of his argument he cited SC judgement in the case of Neeru Yadav v. State of U.P. [(2014) 16 SCC 508 : (2015) 3 SCC. (Cri) 527] by Justice DY Chandrachud which stated that the appellate court is to consider if order suffers from non-application of mind and it must also consider the seriousness of offence. Adv. Dave argued that all of this hasn’t been considered by the High Court in this case.

Disapproving the manner in which the High Court of Allahabad has dealt with the case in hand, CJI reportedly stated, “The problem is the way in which the High Court has gone into merits of the case.”

Adv. Kumar submitted that Ashish Mishra was to attend the wrestling event but had to change his route as the famers were protesting to not let the helicopter land. He reportedly added, “Ashish Mishra was not in the car at the time of the incident as the CCTV footage shows that he was 2.8 kms away from the place of incident.” The Court interrupted him warning him to not discuss the merits of the case. However, Adv Kumar reportedly continued stating, “Please see the case from another angle. Driver received injury and was hit by rods and danda.” He requested the court to look into the possibility that the driver could have lost control and driven through the crowd. Adv. Kumar expressed his concern that if the apex court were to cancel the bail, then they wouldn’t have any other remedy left with them, to which the Bench reportedly responded by asking, “If SC cancels bail will he be in jail forever?”

The counsel for the State, advocate and member of the Rajya Sabha, Mahesh Jethmalani stated that there is no scope for tampering with evidence as the witnesses have been provided security and the accused is not a flight risk. Referring to the SIT recommendations where the state was asked to appeal against the bail order, CJI stated that the court expected the State to act on suggestions given by SIT. However, in the State’s defence Senior Advocate Jethmalani submitted that the SIT recommended filing an SLP based on tampering of evidence but all the witnesses have been provided protection.

It is important to note here that contrary to these claims made by the State Counsel, one of the witnesses Diljot Singh was attacked 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 him. 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.

On March 15, 2022, the victim’s family advocate Prashant Bhushan informed the SC bench that the witness in the case had been brutally attacked and threatened by the goon who said, “Now that BJP has won the election, you will see what we can do.” Accordingly, the Supreme Court had issued a notice to the State Government of Uttar Pradesh asking it to make sure that the witnesses were protected and directed the State to file a detailed counter affidavit. In its counter affidavit, the State denied the attack on the witness to be connected with the bail granted to Ashish Mishra. Instead, it reportedly claimed that the said incident was the result of a heated argument that augmented over throwing colours during Holi celebration.

On October 3, 2021, 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 on receiving this news, while survivors of the October 3, 2021 incident voiced fear for their lives.

Related:

SC to hear plea challenging Ashish Mishra’s bail tomorrow

Lakhimpur Kheri case: Ashish Mishra gets bail!

Lakhimpur Kheri killings: SIT files chargesheet against farmers!

Lakhimpur Kheri massacre: Fact-finding report highlights administrative tyranny

Lakhimpur Kheri killings were planned: SIT

The post Lakhimpur Kheri case: SC questions HC order granting bail to Ashish Mishra, reserves order on challenge appeared first on SabrangIndia.

On March 30, 2022, the Supreme Court directed the State of Uttar Pradesh to respond to the two reports of the Special Investigation Team (SIT) whose investigation is being monitored by a retired Supreme Court judge. This was in connection to the petition filed against the Allahabad High Court’s decision granting bail to Ashish Mishra on February 21, 2022, in connection with the October 3, 2021 deaths of four farmers and a journalist in Lakhimpur Kheri.

The said reports of the Supreme Court appointed committee recommended the cancellation of bail granted to Union Minister’s son Ashish Mishra.

The bench headed by CJI NV Ramana reportedly said, “There 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.” The said bench also comprised Justices Surya Kant and Hima Kohli.

Senior Advocate Dushyant Dave appearing for the petitioner reportedly submitted, “State of UP has submitted that they had opposed the bail in HC. It is imminent that the bail be cancelled or set aside. The HC verdict suffers from non-application of mind.”

The Bench then handed over the reports to the State and the Petitioner, and listed the matter for April 4, 2022.

Earlier, on March 28, 2022, the State of Uttar Pradesh had filed a detailed affidavit to the Supreme Court in response to the said petition.

While denying the petitioner’s allegations that it did not vehemently oppose the bail, the State reportedly contended, “…the Respondent No.l (Ashish Mishra) Bail application was vehemently opposed by the State, and any averments to the contrary in the SLP are completely false and merit to be rejected. Furthermore, the Impugned Order being of 10.02.2022, the limitation period against the same is still running, and the decision to file SLP against the same, is pending consideration before the relevant authorities.”

In the said affidavit, the State also denied the attack on the witness to be connected with the bail granted to Ashish Mishra. Instead, it reportedly claimed that the said incident was the result of a heated argument that augmented over throwing colours during Holi celebration.

Supporting its claim, the State had reportedly added, “As per the Section 161, statements of the said eyewitnesses, on 10.03.2022, at around 8.15 pm, the witness came towards the Primary School near Danga, on a tractor-trolley laden with sugarcane. His police gunner Manoj Singh was with him at the time. At that time, some people were playing with Holi Gulal near the school and threw the Gulal on Diljot Singh as well. When Diljot Singh objected to the same, an altercation broke out between him and the others, in which one of the miscreants hit him with a belt and others kicked and punched him.”

With respect to providing protection to the witnesses as directed by the Court, the State said, “Each witness has one armed police gunner. The families of the victims have one armed gunner each, along with permanent security guard and continuous monitoring through installed CCTV cameras, as well as barrier duty at their residence. A total of 98 persons have been provided security, of which 79 are from Kheri district, 17 from outlying districts and 2 from the State of Uttarakhand.”

“The State has submitted that all the witnesses are being regularly contacted by the police for appraisal of their security conditions. The witnesses were interviewed telephonically most recently on 20.03.2022 and expressed satisfaction with the security provided to them,” reported LiveLaw.

On March 15, 2022, the victim’s family advocate Prashant Bhushan informed the SC bench that the witness in the case had been brutally attacked and threatened stating “Now that BJP has won the election, you will see what we can do.” Accordingly, the Supreme Court had issued a notice to the State Government of Uttar Pradesh asking it to make sure that the witnesses were protected and directed the State to file a detailed counter affidavit.

Brief background of the case

On October 3, 2021, 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 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. On March 11, 2022, 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.

Ashish Mishra’s feeble defence to the bail

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 (wrestling) function four kilometres away. Senior Counsel GD 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.

Related:

SC to hear plea challenging Ashish Mishra’s bail tomorrow

Lakhimpur Kheri accused Ashish Mishra gets bail

Lakhimpur Kheri killings: SIT files chargesheet against farmers!

Lakhimpur Kheri massacre: Fact-finding report highlights administrative tyranny

Lakhimpur Kheri killings were planned: SIT

The post SC-appointed Committee recommends cancellation of bail granted to Ashish Mishra appeared first on SabrangIndia.

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.

Related:

SC to hear plea challenging Ashish Mishra’s bail tomorrow

Lakhimpur Kheri accused Ashish Mishra gets bail

The post SC slams State, issues notice for protection of witnesses in Ashish Mishra case appeared first on SabrangIndia.

On March 15, 2022, the Supreme Court decided to hear the plea challenging Ashish Mishra’s bail order by listing it on the following day for an appropriate bench. The accused, Ashish Mishra, son of Ajay Mishra, BJP’s Union Minister of State for Home, had allegedly run over several farmers who were protesting peacefully in Tikonia village in Lakhimpur Kheri district of Uttar Pradesh on October 3, 2021.

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.

Attack on protected eye-witness

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.

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.

Related:

Lakhimpur Kheri accused Ashish Mishra gets bail

SKM denounces BJP manifesto

UP’s Dy CM’s “Brahmin a superior way of living life” a sign of poll panic?

Punish BJP! SKM’s resolve for Mission UP

Lakhimpur Kheri killings: SIT files chargesheet against farmers!

Lakhimpur Kheri massacre: Fact-finding report highlights administrative tyranny

Lakhimpur Kheri killings were planned: SIT

The post SC to hear plea challenging Ashish Mishra’s bail tomorrow appeared first on SabrangIndia.

Protests sprung up in Punjab and parts of Uttar Pradesh on February 12, 2022 following bail and furlough orders to Lakhimpur Kheri massacre accused Ashish Mishra and Dera Saccha Sauda’s Gurmeet Ram Rahim Singh.

Earlier, the Allahabad High Court granted bail to the main accused Mishra to the surprise of farmer unions’ umbrella body Samyukta Kisan Morcha. Leaders questioned the bail order that was passed on the first day of UP assembly elections. They claim there was no clear evidence absolving Mishra, and thus he did not deserve bail.

“The brutal case of four farmers and a journalist being crushed to death in broad daylight by the son of a Union Minister was a trial for the rule of law across India,” said the SKM. Leaders like Hannan Mollah, Ashish Mittal and a survivor of the October 3, 2021 incident expressed rage and dismay at what they all considered a politically motivated move.

Farmers in northern India rose in protest against this decision. In Haryana, farmers held demonstrations against an event in Karnala where Chief Minister Manohar Lal Khattar was to be present. Punjab farmers also joined in support and strengthened their social boycott of the Bharatiya Janata Party.

Farmers also condemned the 21-day furlough of Gurmeet Ram Rahim Singh convicted for the sexual assault of Sadhvis and the murder of a local journalist and Dera follower. Leaders and experts claimed that Singh got his temporary release due to election season. The Dera community often gives space for political events to parties and expressed anger at Singh’s continued imprisonment.

However, Punjab farmer leader Jagmohan Singh said that the prime cause of farmers’ anger was Ashish Mishra’s bail at a time when seven farmers face charges in the Lakhimpur Kheri case. “The SIT in its report said that the incident was a conspiracy. Mishra was charged accordingly and still he got bail. Then what about the seven farmers facing Section 302? Why aren’t they given bail? Whatever their actions, they acted in self-defence. Yet the person facing conspiracy charges is released,” he said. Though he did not blame the judiciary, he laid the brunt of the blame on the ruling BJP-government, condemning the whole incident as a “dirty game”.

Meanwhile, the SKM took note of the High Court’s suspicion that the driver must have driven the vehicle over the crowd in panic. It also pointed out the court’s “unwarranted” comments on the farmers agitation without any context. “The court granting bail to Ashish Mishra without considering the firm possibility of a politically powerful accused influencing the witnesses is extremely disappointing,” said the SKM.

Like Jagmohan Singh, other leaders said that the UP police has been negligent in investigating this case and apprehending the accused. SKM said the order blurred farmers’ hopes for a fair investigation and justice in this heinous murder case.

Taking the matter as a question of farmers’ honour, the SKM demanded that an appeal be filed against this decision. It promised to cooperate with victims’ families in filing the appeal after talking to the country’s leading lawyers. Moreover, it appealed to the people of UP to “punish the BJP which is bent on saving the real culprits of this massacre, by casting vote against it.”

Earlier, a survivor voiced worries about their security after Mishra’s bail. This worry was reiterated by another survivor originally from Uttarakhand. They questioned the rationality in allowing a person who allegedly murdered so many people to be out on bail within four months.

Like the survivors, Uttarakhand farmers supporting the farmers protest also expressed anger at the bail decision. According to sources, farmers have resolved to further strengthen their Mission Uttarakhand and visit people at the ground level. Farmers are also distributing pamphlets and asking people to punish the party for farmer grievances.

Similarly, the All India Kisan Sabha (AIKS) reacted to the court order by saying, “It was he [Ashish] and his BJP goons who mowed down five people in cold blood under their cars. This extremely unfortunate High Court judgement is not only a gross miscarriage of justice, but goes against every recognised norm of justice.”

AIKS General Secretary Hannan Mollah and President Ashok Dhawale condemned Prime Minister Narendra Modi and Home Minister Amit Shah for dismissing farmers’ long-standing demand to remove Ashish’s father Ajay Mishra from the Union Cabinet.

“Although over four months have passed after this horrific massacre, Modi and Shah have thrown all political morality to the winds, and have shamelessly retained a murderer-cum-conspirator Ajay Mishra as a Union Minister,” said Dhawale.

For all these failings, farmer leaders called upon all farmers and people of UP, Uttarakhand, Punjab, Goa and Manipur to redouble their determination and increase efforts to defeat the anti-people, pro-corporate, communal BJP in the coming state assembly elections.

Related:

Lakhimpur Kheri case: Ashish Mishra gets bail!
SKM denounces BJP manifesto
Punish BJP! SKM’s resolve for Mission UP
Western UP: Are Jat farmers losing faith in the BJP?

The post Lakhimpur Kheri case: Farmers remain enraged by Mishra’s bail appeared first on SabrangIndia.

The Allahabad High Court has granted bail to Lakhimpur Kheri massacre accused Ashish Mishra on February 10, 2022. This happened on the same day that the first phase of the Assembly elections began in Uttar Pradesh, especially when several farmer-dominated constituencies are going to polls. 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.

Son of Union Minister Ajay Mishra, Ashish was accused of mowing down and killing four farmers and one local journalist in Tikonia village of Lakhimpur Kheri district. After a week-long delay in his arrest, the main accused repeatedly tried to get bail. The same was repeatedly rejected until Thursday when the Lucknow Bench finally granted the same.

According to LiveLaw, Ashish’s legal representative argued 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 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.

The order may be read here:

SKM and farmer reactions

Ever since the massacre, the Samyukta Kisan Morcha (SKM) across India repeatedly demanded the sacking of Union Minister Ajay Mishra, but that has not happened yet and is unlikely to in future as well. After this latest development, SKM leader Hannan Mollah called the bail a tactic of the ruling regime to get Brahmin votes.

“This bail is a judgement but not justice. Farmers will look at this as the miscarriage of justice. The SIT in its report said the killings were a conspiracy. If so, the culprits should be identified and punished. Instead, on the first day of UP election, the BJP got him bail because they need him for Brahmin votes,” said Mollah.

He referred to a detailed report by the Special Investigation Team (SIT) that acknowledged the October 3 incident as a planned attack not a chance accident. At the time, the Supreme Court had already criticised the SIT for dragging its feet on the whole issue.

On Thursday, Mollah said the Yogi Adityanath-led government has once again saved the main accused – this time with judicial protection! According to Mollah, farmers had demanded Mishra’s removal from the Union Cabinet for this very reason. “Mishra is still in Cabinet despite our demands. Now, the BJP will argue that their Minister is good and his son has been given bail by the court,” said Mollah.

Building this further, SKM leader Ashish Mittal called the decision “anti-people” and “anti-poor”. He condemned the release of the accused who was inside the alleged vehicle while people falsely arrested for their role in the Bhima-Koregaon case are kept in jail for years. “This is a sad reflection on the judiciary. The farmers movement will take their demands forward but this erodes their faith in the judicial system,” said Mittal.

Meanwhile, the survivors of the incident now claim to be living in a state of fear after hearing the news. One survivor* who can be seen in the video recording the “mowing down” said that the government is responsible for what happens to the farmers from now on.

“If he [Ashish] gets bail and then something happens to us then it is now the government’s responsibility. We have no protection, we did not even get court orders,” he said.

According to experts, the farming community will have an influential role in the UP elections. Preliminary talks with ground-level farmers in western UP has already shown a growing anger against the ruling regime for failing on their promises. The failure to sack Minister Mishra and this recent bail only adds to the farmers’ ire.

*Name withheld upon request to protect identity.

Related:

SKM denounces BJP manifesto

UP’s Dy CM’s “Brahmin a superior way of living life” a sign of poll panic?

Punish BJP! SKM’s resolve for Mission UP

Lakhimpur Kheri killings: SIT files chargesheet against farmers!

Lakhimpur Kheri massacre: Fact-finding report highlights administrative tyranny

Lakhimpur Kheri killings were planned: SIT

The post Lakhimpur Kheri case: Ashish Mishra gets bail! appeared first on SabrangIndia.