Lakhimpur Kheri Case : Supreme Court Allows Ashish Mishra To Visit Lakhimpur Kheri Every Weekend To Meet Family

The Supreme Court on Thursday allowed Ashish Mishra, son of BJP leader and former Union Minister Ajay Mishra, the prime accused in the Lakhimpur Kheri killings case, to visit Lakhimpur Kheri every Saturday evening to spend time with family, subject to the condition that he should return to Lucknow Sunday evening.The Court added that while in Lakhimpur Kher, Mishra should not participate in any public meeting or political activities and that the visit shall be private only for the family members. A bench comprising Justice Surya Kant and Justice NK Singh modified Mishra's bail conditions while allowing his applications. As per the earlier bail condition, he could not enter Lakhimpur Kheri except for attending the trial. Senior Advocate Siddharth Dave, for Mishra, submitted that he has not seen his daughters for four years and that he should be allowed to spend time with his family at least 10-12 days every month. When the bench asked why his daughters can't come to Lucknow to meet him, Dave said that Lucknow is about 200 kilometres away and Lakhmipur has a better climate. Dave also said that the health of his mother was deteriorating.UP Additional Advocate General Garima Prashad informed the bench 16 witnesses, including 10 injured witnesses, out of 208 have been examined, and that the Prosecutor was ascertaining if the number of formal witnesses can be reduced. Justice Kant, noting that witnesses numbers 16 to 90 are eyewitnesses, suggested that if one witness is a part of a family of four, then only one needs to be examined. He added that it was just a suggestion and that the ultimate call has to be taken by the Prosecutor.Justice Kant also stated that all injured persons are important witnesses. When Advocate Prashant Bhushan, on behalf of the victims, the case pertained to the accused running a vehicle over the protesting farmers, Dave opposed his interjection saying, "My friend should leave it to the Prosecutor. Mr.Bhushan's client has no role in the trial."Justice Kant then intervened to say that even victims have certain rights in the trial and recalled a judgment delivered by him upholding their rights. When Dave said that victims can only assist the Prosecutor, Justice Kant said, "they can't be expected to be idle spectators."The case involves the killing of five persons in October 2021 in Lakhimpur Kheri, when vehicles of the convoy of Ashish Mishra allegedly ran over a group of farmers who were protesting against the farm laws. The case attracted political controversy as Mishra's father - Ajay Kumar Mishra - was then a Union Minister.The Supreme Court took suo motu cognizance of the incident and criticized the Uttar Pradesh police for its failure to arrest Ashish Mishra. He was later taken into custody following the Court's criticism.The Allahabad High Court granted bail to Mishra on February 10, 2022, but it was set aside by a Supreme Court bench comprising 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 an appeal filed by the relatives of the farmers who got killed in the incident.After re-hearing the matter, the High Court dismissed the bail application.In January 2023, the Supreme Court granted Mishra interim bail for 8 weeks, which was extended from time to time. The order came with a slew of conditions. The interim bail order was later made absolute. The Court permitted Mishra to stay either in Delhi or Lucknow, UP.Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022 Click Here To Read/Download Order

Lakhimpur Kheri Case : Supreme Court Allows Ashish Mishra To Visit Lakhimpur Kheri Every Weekend To Meet Family

Debby Jain

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