New Delhi: The Supreme Court on Wednesday sought an explanation from Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case and son of former Union Minister of State for Home Ajay Kumar Mishra, on the allegations of threatening witnesses and breaching other bail conditions imposed by the apex court.
A bench, headed by Justice Surya Kant, granted four weeks to Ashish Mishra to file an affidavit to the plea seeking cancellation of bail granted to him. As per the computerised case status, the matter is likely to be heard next on January 17, 2025.
In an earlier hearing, Justice Kant-led Bench had asked Ashish Mishra to carefully comply with the bail conditions. Advocate Prashant Bhushan, appearing for the families of the deceased, had claimed that Ashish Mishra was participating in public meetings in violation of the order granting bail.
“The bail condition said that the accused will be entitled to go to the place where the trial is pending a day before the date fixed in the trial case. Ashish Mishra went there on 2nd October, which is a holiday and there was no date fixed for trial on October 3rd.
He held a massive rally and public meetings there. We know he was there, let him respond as to whether he went there or not. We will produce photographs,” Bhushan said.
Opposing this, senior advocate Siddharth Dave, representing Ashish Mishra, had contended: “Please produce the photographs. Every time this matter comes up, my friend makes an allegation regarding violation of bail order.” “We will file an application seeking contempt of court. He is violating the bail conditions imposed,” Bhushan countered.
In July, the Supreme Court confirmed and made absolute interim bail granted to Ashish Mishra, taking note of the fact that only seven of the 114 witnesses were examined till then. It had asked the trial court to expedite the pending proceedings and ordered Ashish Mishra to stay in Lucknow or Delhi only. The Supreme Court in January 2023 had imposed a slew of conditions while granting interim bail to Mishra.
It had ruled that Ashish Mishra would have to leave Uttar Pradesh within one week of his release; he cannot stay in UP or Delhi/NCR; he shall inform the court about his location; and any attempt by his family members or Mishra himself to influence witnesses would lead to cancellation of his bail.
The apex court added that Mishra would have to surrender his passport; he would not enter UP except to attend the trial proceedings; and, the prosecution, SIT, Informant or any family member of the victims of the crime would be at liberty to promptly inform the apex court of any incident of misuse of the concession of the interim bail.
Subsequently, it relaxed the bail condition of Ashish Mishra to stay in the national capital considering the fact that his mother was admitted to a hospital in Delhi and his daughter also required medical treatment.
In October 2021, eight people were killed in Lakhimpur Kheri District’s Tikunia in violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. According to the UP Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.