Lakhimpur violence case: SC permits Ashish Mishra to stay either in Delhi or Lucknow; issues directions for expediting trial

The Supreme Court on Monday modified the interim bail conditions of Ashish Mishra and permitted him to either stay in Delhi or Lucknow. and also issued directions to expedite the trial in Lakhimpur Kheri violence case.
A bench of Justice Surya Kant and Ujjal Bhuyan also said that the interim order is made absolute and conditions are modified by permitting Ashish Mishra to stay either in Delhi or in Lucknow in Uttar Pradesh.
During the hearing, the court also remarked that one can still be influential, whether or not he belongs to a minister’s family. The court’s remarks were made when Ashish Mishra’s advocate apprised the court that Ashish Mishra’s father had lost the election and was no longer a minister.
“The controversy relating to how influential Ashish Mishra is gone,” the advocate said. To this the court remarked, that one can still be influential.
However, Ashish Mishra’s advocate sought modification of the conditions since his father was no longer an elected member of the Parliament. Keeping in view the change in circumstances, the court allowed modification of the condition.
However, the court also directed Ashish Mishra to abide by the other terms and conditions imposed in the 2023 order.
Thereafter, court sought to know the status of the trial in the case.
Advocate Prashant Bhushan, who appeared for the victims, apprised the top court that seven witnesses have been examined so far and if the trial continues at such a pace, then the trial would not finish.
“In our view, the trial proceedings need to be expedited,” the court said and directed the trial court to fix the schedule, keeping in view the urgent matters that are pending but prioritising the pending subject trial of the Lakhimpur violence case.
The court also directed that the public prosecutor ensure not more than 5 witnesses are examined on one day and that parties connected to the case extend full cooperation. Further, the court asked the trial court to file a status report before the next date of hearing.
On January 25, 2023, the top court granted interim bail for eight weeks to Ashish Mishra and imposed various conditions. Later, it was extended from time to time.
The top court had directed Ashish Mishra to inform the concerned court about his location. The Supreme Court had also clarified that any attempt by Ashish Mishra or his family to influence witnesses and try to delay the trial may lead to the cancellation of his bail.
The court has also directed Mishra to mark his attendance at the concerned police station of his location.
Ashish Mishra, the son of former Union Minister Ajay Mishra, moved the Supreme Court challenging the Allahabad High Court which denied bail to him in connection with the Lakhimpur Kheri violence case.
On July 26, 2022, the Allahabad High Court denied bail to Ashish Mishra, the son of former Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri violence case. The bail was rejected by the Lucknow bench of the Allahabad High Court.
The said order is challenged by Ashish Mishra in the Supreme Court, filed through advocate T. Mahipal. Mishra is facing a murder case for the incident that took place on October 3, 2021, in which eight people, including four farmers, were killed in Lakhimpur Kheri.
Mishra allegedly ran over the farmers who were protesting against the Centre’s three farm laws. He was arrested on October 9 and granted bail in February 2022.
Mishra, again moved to the High Court as the Court’s earlier order was set aside by the Supreme Court in April 2022 and had ordered fresh consideration of his bail plea.
The top court had earlier set aside the Allahabad High Court order dated February 10, 2022, and remitted the matter back to the High Court. The top court had said that the order of the Allahabad High Court could not be sustained and had to be set aside and the bail bonds of the respondent/accused were cancelled. The court had directed Ashish Mishra to surrender within a week.
Family members of the victims of the Lakhimpur Kheri incident moved the Supreme Court to challenge the Allahabad High Court order, which granted bail to Ashish Mishra. That time, the top court cancelled Mishra’s bail plea.
Earlier, the Supreme Court had appointed a committee headed by retired Punjab and Haryana High Court judge Rakesh Kumar Jain to monitor the probe into the Lakhimpur Kheri violence

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