Ritika
New Delhi: The Supreme Court on Monday asked the Uttar Pradesh government as to how long Ashish Mishra, son of Union minister Ajay Kumar Mishra and accused in the Lakhimpur violence, can be kept in custody. The Court asked the Sessions Court Judge to clarify a possible timeline for completion of the trial for alleged murder and related offenses in October 2021 in the Lakhimpur Kheri crushing of protesting farmers.
Opposing the bail plea of Ashish Mishra, the top court, which termed the crime as “serious”, also asked the Uttar Pradesh government to take stock of the situation in the second case filed in connection with the killing of three people in an SUV (sports utility vehicle). Take and file an affidavit. The farmers were allegedly crushed to death by this SUV. A bench of Justice Surya Kant and Justice Krishna Murari said that there is a need to balance the interests of all the parties including the accused, the victims and the society.
The bench said, “The question is how long can we keep him (Ashish Mishra) in custody. We have to see that the accused who is inside the jail for more than one year also has rights. Now the charge sheet has been filed and charges have been framed. Victims and witnesses also have their rights. Even the society has interest in the matter. Now, we have to balance the rights of everyone in the matter.” The bench also asked the Additional District and Sessions Judge, who was hearing the second case of murder of the occupants of the car, to consider the desirability of framing of charges.
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Asks the Registrar (Judicial) of the Apex Court to write to the Additional Sessions Judge, Lakhimpur Kheri to indicate the timetable for the conclusion of the trial in the matter keeping in view the other pending cases and the priority cases already . “He is inside the jail on our orders,” the bench told Additional Advocate General Garima Prasad, appearing for the Uttar Pradesh government. We cannot keep him indefinitely, but the question is at what stage do we consider his bail.” Prasad said the allegations against him (the accused) are “very serious” and the chargesheet was filed by the Special Investigation Team (SIT) set up by the apex court after a detailed probe. To this, the bench said that since there are 212 witnesses, the trial will take time.
Prasad said Mishra’s bail application has been rejected, the sessions court has framed charges and the hearing is scheduled to begin on December 16. “We have provided security to all the key witnesses in the case,” he added. The bench said that this is a good move and if a sensitive witness comes to the fore during the trial, then the state should also provide security to him. With this, the bench fixed January 11 as the next date of hearing in the matter.
Earlier on December 6, the trial court had framed charges against Ashish Mishra and 12 other accused for criminal conspiracy and other relevant sections. With this, the way was cleared for the trial of the case to begin. A total of 13 accused have been booked under Indian Penal Code sections 147 (rioting), 148 (rioting with sharp weapons), 149 (committing an offense by a member of an unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (Voluntarily causing hurt by dangerous weapons or means), 427 (causing pecuniary loss) and 120 (b) (conspiracy) and were framed under section 177 of the Motor Vehicles Act.(Agency)
