The Telegraph  today reported that, a witness to the Lakhimpur Kheri massacre has alleged being attacked with swords on Saturday night by three people, at least one of whom he described as a “henchman” of prime suspect Ashish Mishra, son of Union minister Ajay Mishra Teni. Farmer Prabhjot Singh, the third witness in the case to be attacked, said the assault took place in Tikunia, Teni’s village.

He has further alleged the police had refused to accept his written complaint unless he deleted the name of Ashish, a charge the police denied. Typically however, the district police chief blamed a “personal dispute” for the attack.

Ashish Mishra Teni is in jail on murder charges, accused of mowing down five people — four farmers protesting against his father, and a journalist — with Teni’s car in Lakhimpur on October 3, 2021. Prabhjot said he and brother Sarvajeet were attacked while returning home to Kolhari from Tikunia, 15km away, where they had attended the mundan of a friend’s son.

“Some henchmen of Ashish had seen us and were waiting for us outside our host’s house. They stopped our motorcycle and started abusing me. They asked how I had dared entered Ashish’s village,” Prabhjot told reporters on Sunday, December 11.

“As my brother and I reacted, they attacked us with swords that they were carrying. I escaped unhurt but my brother suffered cuts on the back of his head. The attackers left as soon as Sarvajeet dropped to the ground.” Sarvajeet received three stitches at a private hospital and was discharged in the morning, Prabhjot said.

“I went to Kotwali police station with fellow villagers in the night. Raju Rao, the officer in charge, said I must remove Ashish’s name from the complaint, or else he wouldn’t accept it. We returned, leaving the application on his table,” he said.

Prabhjot said he could identify one of the three attackers and had mentioned his name with Ashish’s in the complaint.

Raju Rao defiantly contradicted the witness victim; he told reporters on Sunday: “Nobody came to me, nor have I received any such complaint.”

However senior echelons of the police have not denied the attack. Instead of looking closely at the issue of the issue of witness protection, and its effectiveness or otherwise, however, the superintendent of police was dismissive. The Lakhimpur Kheri superintendent of police Sanjeev Suman said: “It looks like a fight between two groups over a personal dispute. It has nothing to do with the Tikunia incident (Lakhimpur Kheri massacre). We are probing the matter.”

Question of Witness Protection

Meawnhile, despite the Supreme Court’s explicit endorsement, the 2018 Witness Protection Scheme remains an idea gathering dust, on our statute books. In 2019, Citizens for Justice and Peace, had through a detailed legal resource, re-visited the issue. This may be read here.

As on other crucial issues related to human rights protection and the criminal justice system, the devil lies in the implementation. One expects that after having waited for years for a law to be passed, the troubles caused by its absence will simply go away. The lack of both awareness and application of the Witness Protection Scheme, 2018 is surely one of the reasons where the country over, witnesses –especially from the most marginalised sections –are still subject to threat to their lives and destruction of their property.

An English philosopher Jeremy Bentham is oft quoted on the subject, “Witnesses are the eyes and ears of justice.” In yet another shocking incident of its kind, two Dalit witnesses were brutally assaulted by the accused in a criminal case. The incident was caught on camera and it took place in Mainpuri, Uttar Pradesh. They had taken refuge in a nearby village apprehending such an attack. After suffering severe injuries and even filing a complaint, no arrests have yet been made.

Although the 2018 Witness Protection Scheme has been around for close to four years now, on the ground, India’s criminal justice system continues to reel without its implementation.

SC balances rights of witness victims and accused

Ironically, on the same day that media reported this attack on While considering the application filed by Asish Mishra, son of Union Minister Ajay Mishra, seeking bail in the Lakhimpur Kheri case, the Supreme Court on Monday asked the trial court to indicate time which will be tentatively required to conclude the trial without compromising the schedule of other pending matters reported Livelaw.

A bench comprising of Justices Surya Kant and Krishna Murari directed the Registrar (Judicial) to find out from the first Additional Sessions judge at Lakhimpur Kheri as to how much time the trial is likely to take to conclude in the normal case without compromising with another pending or prioritised matters.

Making an observation that that a balance should be struck between the rights of the victims and the accused, the bench asked if Mishra can be kept indefinitely behind the bars as an undertrial. The accused, Mishra, represented by counsel Mukul Rohatgi,  claimed that he was no present at the crime spot, something that was denied by the victims who opposed grant of bail to him. Highlighting the grave nature of the crime, the victims urged the Court to not release Mishra, saying that it will expose the witnesses to danger. However, the bench pointed out that the witnesses have been granted protection as per the orders of the Court. Clearly the protection is faulty given the attacks on the witnesses reported by The Telegraph, however.

Mishra is facing murder charges for allegedly killing persons in the Lakhimpur Kheri violence of October 2021 after his vehicle allegedly ran over farmers who were protesting against farm laws.

The Court thereafter directed the State of UP to inform the SC of the status of investigation relating to the case filed against farmers for allegedly lynching three others, including the driver of Mishra’s car. The bench even asked the State of Uttar Pradesh how long should he be kept in the prison as an undertrial.

“In cases of bail, we consider the seriousness of the crime, the period which the trial will take and also the period spent by the accused. How long should he be in prison?Can he be kept indefinitely? How to balance? The accused has also rights as the victims“, Justice Kant asked additional advocate general of UP Garima Prashad.

Prashad replied that the offences are grave and that there are statements of injured eyewitnesses regarding the presence of Mishra at the crime spot. She also informed the bench that Mishra’s discharge application was rejected by the trial court and the charges have been framed against him.

It is Premeditated murder : Victims’ lawyer Dave

Senior Advocate Dushyant Dave, appearing for the relatives of the victims, submitted that in a murder case, the Supreme Court rarely grants bail if it has been rejected by the trial court and the High Court and that “there is nothing special about this case” . Refuting Rohatgi’s submissions, Dave submitted that the crime was “premeditated”, as there are statements by Mishra’s father a few days ago that the protesting farmers “will be taught a lesson”.

“In 302 cases, this court ordinarily does not interfere when the High Court and the trial court have refused bail. There is no exception in this case”, Dave stated.

“If someone can kill merely because they face agitations, then nobody is safe in a democracy”, he said.

Dave also pointed out that the State would not have acted in this case but for the intervention made by the Supreme Court.

“He is the custody because of our orders..we constituted the SIT..”, Justice Kant commented.

Dave also questioned the genuineness of photographs produced by Mishra saying that they are fabricated. He said that the State has filed an affidavit in the High Court stating that these are doctored.

“SIT has reconstructed minute by minute entire event, there are Whatsapp chats showing how the things were planned”, he said. Referring to certain threatening statements alleged made by the petitioner’s father Ajay Mishra, Dave said “if the Minister makes such statements, the son obviously will be agitated”.

“What was the need for this boy to go there with his friends driving at a speed of more than 100 kilometers”, Dave asked. “There is no dispute. There are 164 statements of eyewitnesses”, Dave replied.

Justice Kant said that the Court will not go into the question regarding his presence at this stage as it is a matter of trial.

“We are broadly on one point. Under the monitoring of this Court, we have reached the stage of charges. The eyewitnesses have also been granted protection. 200 eyewitnesses have also to be examined….we can’t also say that the trial court has to ignore other cases”, Justice Kant said.

“If your lordships will lay down a general principle that in all 302 cases, accused will be released after one year, then I bow down. But don’t make an exception”, Dave retorted.

“In this country, in a case which is as heinous as this, he should not be released. This happened in broad daylight. And two witnesses have already been attacked. They should not be released”, Dave asserted.

Background

Initially, the Allahabad High Court had granted bail to Mishra on February 10, but this had been set aside by the Supreme Court by a bench comprising the then CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli in April 2022 after noting that the High Court took into account irrelevant considerations and ignored relevant factors. The bail application was then remanded to the High Court. The Supreme Court’s order came in appeal filed by the relatives of the farmers who got killed in the crime.
 

[1] (2006) 3 SCC 374 [SCC pp. 396-98, paras 40-41]

[2] (2005) 5 SCC 68 at 678

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The post Lakhimpur Kheri witness alleges he was attacked with swords, no witness protection despite scheme in place since 2018 appeared first on SabrangIndia.

Bahraich/Lakhimpur: A crisply ironed turban, a pile of folded clothes, polished black shoes, and a family picture kept neatly within a broken wardrobe—that’s all there is left of the 35-year-old farmer, Daljeet Singh, who was died in the Lakhimpur Kheri violence on October 3 last year. He may be gone but his wife Paramjit Kaur returns to the creaky wardrobe every day to relive the memories of her husband known for his polite nature and endearing smile.

“Our whole life has changed in one year. He was the sole breadwinner of our family. We still hope for justice,” Kaur told NewsClick, as she remembers the last day she had bid Dalijit goodbye with a box of food as he left for the farmer’ protest in Lakhimpur.

Apart from his wife, Daljit is survived by a son and a daughter. Son Rajdeep had witnessed his father’s death who was among those allegedly crushed by a speeding Thar SUV.

The families’ grief still engulfs them. Calling it the ‘blackest day’ of their lives, the deceased’s daughter says she still spends nights sobbing for her innocent father who was “crushed to death by a minister’s car”.

Daljit Singh, a native of Banjara Tanda village in Bahraich district, was among four farmers and a journalist, who were allegedly mowed down by a car driven allegedly by the son of Union Minister Ajay Mishra Teni, who was travelling to welcome UP Deputy Chief Minister Keshav Prasad Maurya to an event in the area.

The protesters demanded the sacking of Union minister Ajay Mishra and the release of arrested farmers, but in vain.

A year after the gruesome incident that shook the nation, family members of the dead farmers feel “as long as Ajay Mishra continues to remain a minister of state for home affairs, justice cannot be done in this case.”

Around 3 km from Banjara Tanda village, another village named Moharnia too lost a young lad Gurvinder Singh. “We are already saying that as long as the Union Minister Ajay Mishra is in power, there is no hope of justice in this case,” Sukhvinder Singh, the father of 18-year-old Gurvinder, told NewsClick. 

Sukhvinder has built a memorial in the memory of his son, a few km away from his native house in Bahraich. “The government has not fulfilled any promise so far. Neither government jobs have been given to us nor did we get the arms license,” he said, adding that even after a year, the trial has not started.

Out of the four deceased farmers, Nachhatar Singh of Dhaurhara, and Lovepreet Singh, a resident of Palia, belonged to Lakhimpur Kheri district. Like Daljeet and Sukhvinder, the family members of these two are also losing hope for justice. 

“I’m absolutely losing patience and hope because absolutely nothing is being done in this case even after 10 months,” Jaswant Kaur, wife of Nachattar Singh, told NewsClick, adding that in this atmosphere, one can only hope that the Supreme will give them justice.

ONE YEAR ON, TRIAL YET TO START

In January, the Uttar Pradesh Police’s Special Investigation Team submitted a 5,000-page chargesheet to a local court. Ten months on, the trial has not started, Mohammad Amaan, a lawyer representing the farmers, told NewsClick.

“The more the trial process is delayed, the more the culprits will get the benefit in terms of bail as an accused is entitled to get bail if the trial is delayed,” said the lawyer, who said he was optimistic that the trial would begin soon.

The key accused, Ashish Mishra, was arrested on October 9 last year but received bail from Allahabad High Court on February 10 this year. However, the victims’ families challenged the bail order in the Supreme Court, which overturned the High Court verdict. Ashish Mishra is currently in Lakhimpur prison since his bail cancellation on April 18.

FARMER HOLD PROTEST TO MARK ONE YEAR

Farmers from across Uttar Pradesh on Monday blocked rail traffic and scattered on highways on the first anniversary of the Lakhimpur Kheri violence that claimed eight lives. Religious programmes at the Kaudiyala Ghat gurdwara at Tikunia were organised by the local farmers. 

Bharatiya Kisan Union (BKU) leader Rakesh Tikait, who attended the event, appealed to the farmers to organise a massive movement against the Yogi Adityanath-led Uttar Pradesh government “who is shielding the accused” in the case. 

Under the banner of Samyukta Kisan Morcha (SKM), the farmers collective that spearheaded the movement against three agricultural laws, farmers held demonstrations in many places in Uttar Pradesh including Lakhimpur, Farrukhabad, Azamgarh, Bulandshahr, Sitapur, Ballia and Basti.

Farmers in Western Uttar Pradesh burnt the effigy of Ajay Mishra, demanding his removal from the Union cabinet. They threatened a sit-in protest in Lakhimpur if justice was not served in the case.  

Courtesy: Newsclick

The post Lakhimpur Kheri: A Year on, Deceased Farmers’ Families See no Hope for Justice appeared first on SabrangIndia.

On September 6, 2022, the Supreme Court heard the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, challenging the Allahabad High Court order which dismissed his regular bail application.

A bench comprising Justice Indira Banerjee and MM Sundresh issued notice to the State of Uttar Pradesh and asked for a response to be filed by September 26.

Senior Advocate Mukul Rohtagi appearing for Mishra, reportedly submitted that allegation was that Mishra mowed down people with the vehicle, but the vehicle was driven by his driver. He argued that out of the two FIRs, it was alleged that Mishra had run out of the car and fired shots from a sugarcane field whereas the first informant eventually said that he was not an eyewitness.

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 and on July 26, 2022. The Allahabad High Court rejected his plea stating that if he was granted bail there are chances that he may influence the witnesses which may affect the trial.

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 the 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:

Allahabad High Court denies bail to Ashish Mishra in the Lakhimpur Kheri Violence case

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 Lakhimpur Kheri case: Supreme Court issues notice to UP government on Ashish Mishra’s bail plea appeared first on SabrangIndia.

On Thursday, famers got together at the Mandi ground in Lakhimpur Kheri to kick-start a 75-hour-long protest demanding the sacking of Ajay Mishra, the Union Minister whose son Ashish is a key accused in the October 2021 incident where his car mowed down four farmers and also led to the death of a local journalist, and three other people in Tikonia village.

Thousands of farmers, both men and women, have now come together for the protest organized by the Samyukta Kisan Morcha (SKM), an umbrella organization of farmers’ groups and unions. Leaders such a Rakesh Tikait of the Bharatiya Kisan Union (BKU) and Yogendra Yadav have also joined them.

“We demand sacking of Union MoS home Ajay Kumar Mishra, compensation to the families of farmers who died in farmers’ agitation, law for MSP, roll back of electricity bill 2022,” Avtar Singh Mehlo, state vice president of BKU (Lakhewal) was quoted by a news agency.

Dilbaug Singh Sandhu, district president of BKU (Tikait) said that plans had been in the works for a while. “Around two months ago, the SKM had held a meeting held in Delhi and decided to organise a dharna in Lakhimpur Kheri in support of various demands that include a law to guarantee Minimum Support Prime (MSP) for crops to protect the interest of farmers,” he told Indian Express.

Readers would recall that Sandhu was one of the witnesses in the Tikonia killings and was himself attacked in June this year. The attack on Singh was the third such attack on witnesses in the case. Diljot Singh was assaulted on the intervening night between March 10 and March 11 by 10 men allegedly from the BJP. Rampur’s Hardeep Singh recounted how in April BJP District Secretary Mehar Singh Dayol, BJP member Saranbjeet Singh and three others allegedly hit his head with the butt of his licensed gun. In all these cases, the witnesses were threatened not to give their statements against Mishra.

The Tikonia killings took place during the nationwide farmers’ agitation against the now withdrawn farm laws. A convoy of vehicles, including one in which Ashish Mishra was travelling, had allegedly run over farmers. Ashish was eventually taken into custody after dodging arrest for weeks, but was granted bail, interestingly on a day when constituencies in the agrarian belt in Uttar Pradesh were going to polls for the state assembly elections.

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Cruel, diabolic, barbaric, gruesome and inhuman: Allahabad High Court on Lakhimpur Kheri massacre

BREAKING: SC cancels Ashish Mishra’s bail

The post Lakhimpur Kheri: Farmers begin 75-hour protest demanding Ajay Mishra’s sacking 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.

Despite repeated criticisms from the Supreme Court and the farming community, yet another Lakhimpur Kheri witness was shot at, multiple times, on the night of May 31, 2022. Speaking to SabrangIndia, Singh said that two people on bikes chased him and fired at the car. Singh had to stop the car when the bullet hit the tyre but refused to get out even after the accused shot two bullets into the windowpane.

According to Singh’s account, he folded his driver seat and hid in the car. The attackers who could not look through the darkened window fled the scene. Gola police said they are looking into the matter of the attack and have lodged an FIR under attempt to murder.

“Anything could have happened, it is condemnable that the goons are trying to attack us like this,” said Singh.

As for witness protection, Singh had sent his official gunman on leave after he received intimation of his child’s ill health. CO Rajesh Yadav said the local police would have arranged for a replacement if Singh had let them know earlier on.

“There’s also the question of how the police officer could have let the man unsupervised. We are looking into all these details as well. However, with the witnesses, we ensure that at least one personnel is there,” said Yadav.

Why was Dilbag Singh targeted?

The post Lakhimpur Kheri case: Third witness attacked, survives firing by goons appeared first on SabrangIndia.

The Allahabad High Court on May 9, 2022 dismissed bail applications of four associates of Lakhimpur Kheri prime-accused Ashish Mishra citing possible tampering of evidence. Farmers’ umbrella body Sanyukta Kisan Morcha (SKM) has welcomed this decision of the court.

Justice Dinesh Kumar Singh rejected the bail applications of Ankit Das, Sumit Jaiswal, Shishupal and Lavkush, all of whom were allegedly active participants in the planning of the “heinous offence” committed on October 3, 2021 as the court referred to the carnage in Tikonia village where Union Minister Ajay Mishra’s son Ashish allegedly ran an SUV car over protesting farmers and killed five people, including a local journalist.

“This incident might not have taken place if the Union Minister of State for Home [Ajay Mishra] did not make alleged utterances as pointed out in the counter affidavit and also mentioned in the charge-sheet. Several innocent lives would not have got lost in a most cruel, diabolic, barbaric, gruesome and inhuman manner allegedly by his very promising son and other accused,” Singh reportedly observed.

Prior to the killings, Mishra had threatened to chase and expel protesting farmers from Uttar Pradesh. The court order claimed that the central government’s inaction to this speech emboldened and encouraged Ashish.

“Political persons holding high offices, should make public utterances in a decent language considering its repercussions in society. They should not make irresponsible statements as they are required to conduct themselves befitting their status and dignity of high office which they hold,” said the court order.

Regarding claims that all accused in this case were not present at the scene of crime, was a singular observation for the court which questioned why Ashish and his associates were present at a wrestling competition that should have been cancelled in light of the Section 144 imposed in the area? The court pointed out that lawmakers cannot be “law violaters”.

“This Court cannot believe that it would not have been within the knowledge (of) the Deputy Chief Minister of the State that in the area provisions of Section 144 were clamped and, any assembly or gathering was prohibited. Despite this, the wrestling competition was organized and the Union Minister [Mishra] and the Deputy Chief Minister [Keshav Prasad Maurya] decided to be present as Chief Guest etc. in the event,” said the court order.

Dismissal of bails

Regarding the bail submissions, the court perused the charge-sheet and evidence collected by the Special Investigation Team (SIT) and acknowledged “full credit for carrying out free, fair, impartial and scientific investigation of the offence.”

The chargesheet provided overwhelming evidence against the accused-applicants. The court particularly observed that accused Ankit Das and Mishra belong to very influential political families, stressing the apprehension of the prosecution interfering, tampering with the evidence, influencing witnesses.

Earlier, after state elections, key witnesses in the district suffered threats against giving their statements about the October 3 ordeal. The SKM legal team had criticised the lack of proper protection to witnesses.

In the case of the other three accused, the court observed that Jaiswal, Shishupal and Lavkush are among the prime accused. All of them were sitting in the Thar vehicle along with Mishra, their close friend. Further, as per the investigation report, the former two persons took shelter in a sugarcane field and fired illegal arms.

“Looking at the overwhelming evidence against the accused-applicants and taking into consideration the submissions of learned counsel for the parties, I do not find it to be a fit case where the accused-applicants can be enlarged on bail at this stage,” said the court.

All four bail applications were dismissed.

Farmers rejoice

The SKM welcomed the dismissal of bails by the High Court. In a press release, it stated that Mishra has no justification to hold his position in the Cabinet after the remarks in the court order.

“This order gives hope that the wheel of justice has started turning in the right direction after the Supreme Court cancelled the bail of Ashish Mishra. The SKM, while thanking its legal team advocates Shashank Singh and Aman Khawaja, hopes that the court will take cognisance of all these facts even while reconsidering the bail plea of Ashish Mishra,” it said.

Mishra’s bail plea is to be heard on May 25. The order rejecting bail to his associates may be read here: 

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BREAKING: SC cancels Ashish Mishra’s bail

Another Lakhimpur Kheri witness attacked!

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Lakhimpur Kheri case: SC questions HC order granting bail to Ashish Mishra, reserves order on challenge

The post Cruel, diabolic, barbaric, gruesome and inhuman: Allahabad High Court on Lakhimpur Kheri massacre 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.

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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.

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