Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea

LIVELAW NEWS NETWORK

17 Oct 2022 8:47 AM GMT

  • Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishras Bail Plea

    The Supreme Court on Monday granted two weeks time to the State of Uttar Pradesh to file a counter-affidavit to the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, seeking regular bail in the Lakhimpur Kheri violence case.A bench comprising Justices BR Gavai and BV Nagarathna was considering the petition filed by Mishra challenging the July 26 order of the...

    The Supreme Court on Monday granted two weeks time to the State of Uttar Pradesh to file a counter-affidavit to the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, seeking regular bail in the Lakhimpur Kheri violence case.

    A bench comprising Justices BR Gavai and BV Nagarathna was considering the petition filed by Mishra challenging the July 26 order of the Allahabad High Court which dismissed his regular bail application. 

    Senior Advocate Mukul Rohatgi appeared for Mishra in the brief hearing held on Monday. He pointed out that the state is yet to file its counter. Senior Advocate Dushyant Dave, appearing for the victims, submitted that there are indications which show that the crime was "premeditated".

    The Court had issued notice to the State of Uttar Pradesh on September 26.

    Initially, the Allahabad High Court had granted bail to Mishra on February 10, but it was set aside by the Supreme Court 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.
    The crime took place on October 3, when several farmers were holding protests against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya to Lakhimpur Kheri district, and four protesting farmers were killed after they were mowed down by an SUV which was part of the convoy of Ashish Mishra.

    The Supreme Court in November 2021 appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the investigation in the Lakhimpur Kheri violence.

    This order came from the bench headed by the Chief Justice of India NV Ramana, which is hearing a PIL registered on the basis of a letter petition sent by two lawyers seeking an impartial probe into the Lakhimpur Kheri violence of October 3.

    The UP Police arrested Mishra following the critical remarks by the Supreme Court.

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