Lakhimpur Kheri case: ‘Not a flight risk’, argues counsel; SC reserves orders in plea challenging Ashish Mishra’s bail
A Supreme Court Bench headed by Chief Justice of India NV Ramana Monday reserved orders in a plea seeking cancellation of bail to Ashish Mishra, the son of Union Minister of State Ajay Mishra and an accused in the Lakhimpur Kheri violence case, Live Law reported.
The Uttar Pradesh government counsel Mahesh Jethmalani arguing against the appeal said, “There can’t be a mini-trial at this stage. No words can be enough to convey what happened… As for tampering with evidence, we have provided security. Is he a flight risk? He is not.”
Senior Advocate Dushyant Dave appearing for the petitioners urged that the Allahabad High Court judgment, granting bail to Mishra, should be set aside. Referring to an incident of an alleged attack on of the witnesses, the advocate read out the FIR in the case, which stated “ab BJP satte me hai dekh tera kya haal hoga” (Now that BJP is in power, see what happens to you”, and asked, “Is this not a serious case?”
Following this, CJI Ramana remarked that the Bench will pass orders.
Last week, the apex court had sought the UP government’s response. It also pointed out, “it appears from the report of the monitoring judge that he recommended filing appeal for cancellation of bail”.
Ashish was granted bail by the Lucknow bench of Allahabad HC on February 10.
The kin of some of the victims subsequently moved SC, seeking cancellation of the bail. They claimed that after Ashish’s release, one of the witnesses in the case was attacked on March 10 and the attackers threatened him, purportedly saying that “Ashish Mishra is out on bail and the ruling party has also won the election, and they will see him”.
— inputs from Bar and Bench, Live Law
