Lakhimpur Kheri Violence: Bail cancelled, Ashish Mishra told to surrender

Tribune News Service

New Delhi, April 18

The Supreme Court on Monday cancelled the bail given to the Lakhimpur Kheri violence case prime accused Ashish Mishra by the Allahabad High Court, saying the victims were denied a fair and effective hearing at the time of granting bail to him.

Editorial: SC intervenes again: Pursuit of justice in Lakhimpur Kheri case continues

A Bench led by CJI NV Ramana directed him to surrender within a week. The High Court considered irrelevant factors and showed unwarranted hurry in granting him bail, it noted.

The Bench, which also included Justice Surya Kant and Justice Hima Kohli, said the High Court was wrong in treating the FIR as gospel truth while granting bail to the accused, son of Union Minister Ajay Mishra Teni. It said the High Court erred in not giving an opportunity to the complainant to oppose Ashish’s bail plea. However, the top court asked the Allahabad High Court, which had given bail to Ashish on February 10, to examine his bail plea afresh “in a fair, impartial and dispassionate manner, and keeping in view the settled parameters”.

‘High Court lost sight of principles’

HC showed tearing hurry, considered irrelevant factors to release him

Court erred in not allowing complainant an opportunity to oppose bail petition

Completely lost sight of the principles... Was wrong in treating FIR as gospel truth

Adopted a myopic view of evidence... victims denied fair, effective hearing

— CJI-led Bench

Court’s duty

It is the solemn duty of a court to deliver justice before the memory of injustice eclipses. Supreme Court

Leaving all questions of law open for the High Court to consider and decide, the Bench said, “The High Court shall decide the bail application afresh expeditiously, and preferably within three months… after giving adequate opportunity of hearing to the victims as well.”

It said if the victims were unable to engage the services of a private counsel, it shall be obligatory upon the High Court to provide them a counsel with adequate experience in criminal law at the state’s expense.

Four farmers were mowed down by an SUV in Lakhimpur Kheri when those against farm laws were holding a demonstration against then Uttar Pradesh Deputy CM Keshav Prasad Maurya’s visit on October 3, 2021. Two BJP workers and a driver were beaten to death allegedly by angry protesters. A local journalist was also killed in the violence. Elaborating on the victims’ rights, the top court said, “Victims certainly cannot be expected to be sitting on the fence and watching the proceedings from afar, especially when they may have legitimate grievances. It is the solemn duty of a court to deliver justice before the memory of injustice eclipses”.

“We are constrained to express our disappointment with the manner in which the HC has failed to acknowledge the right of the victims,” it said, adding “these rights are totally independent, incomparable, and are not accessory or auxiliary to those of the State under the CrPC”.

“Instead of looking into aspects such as the nature and gravity of the offence; severity of the punishment in the event of conviction... the HC has adopted a myopic view of the evidence on the record and proceeded to decide the case on merits,” the Supreme Court added.

The apex court noted that the victims had “unbridled participatory rights” from the stage of investigation till the culmination of the criminal proceedings and such powers were “totally independent, incomparable” with that of the state.

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