‘If Ashish Mishra’s Attending Political Events, then it is Violation of Bail Terms’: SC

The Supreme Court on Monday emphasized that if Union minister Ajay Kumar Mishra’s son Ashish Mishra, one of the accused in the Lakhimpur Kheri violence case, has been physically attending political events, it would constitute a violation of his bail conditions.

On January 25, 2023, the apex court granted interim bail to Ashish Mishra in connection with the “unfortunate ghastly incident” of violence in 2021 at Lakhimpur Kheri, where eight lives were lost. The court had relaxed the interim bail conditions imposed by the trial court and instructed Ashish Mishra not to reside in either Uttar Pradesh or Delhi during the period.

The case involves an incident of violence on October 3, 2021, in which eight people, including four farmers, were killed in Tikunia, Lakhimpur Kheri district of Uttar Pradesh.

The Bench

During a hearing presided over by a bench of Justices Surya Kant and PS Narasimha, advocate Prashant Bhushan, representing one of the victims, alleged that Mishra was attending political events and distributing tricycles at an event.

The bench orally observed, “If he is physically attending, then it is definitely a violation.”

Allegations

Bhushan contended that Mishra has been violating the bail condition set by the top court, which permitted him to enter Uttar Pradesh only for trial purposes.

“He has participated in various functions recently, distributing tricycles in Uttar Pradesh. I do not know how this is being allowed. I will file an affidavit and submit documents,” Bhushan stated.

Appearing for Mishra, Senior advocate Siddhartha Dave vehemently opposed the submission, stating, “I am not that foolish to violate liberty like that.”

The apex court instructed Bhushan to file an affidavit substantiating his allegations, while refraining from recording anything about it in the order passed on the day.

Furthermore, the top court directed the public prosecutor and the district police to take effective measures to secure the presence of witnesses to avoid wastage of the trial court’s time.

Interim Bail

In February, the apex court extended the interim bail granted to Ashish Mishra and requested its registry to obtain a report from the trial court on the progress of the case.

On September 26, 2023, the Supreme Court had relaxed Mishra’s bail conditions to allow him to visit and stay in the National Capital Region (NCR) for attending to his ailing mother and daughter’s treatment.

Violence erupted in the district during a protest by farmers against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. Reports indicate that four farmers were mowed down by a sports utility vehicle. Subsequently, a driver and two Bharatiya Janata Party (BJP) workers were allegedly lynched by enraged farmers. The violence also resulted in the death of a journalist, triggering widespread outrage.

On December 6 2023, the trial court framed charges against Mishra and 12 others for offenses including murder, criminal conspiracy, and other violations of penal laws in connection with the deaths of the farmers, paving the way for the commencement of the trial.

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