[Lakhimpur Kheri] SC directs UP Police to investigate allegations against Ashish Mishra of influencing witnesses

Read Time: 05 minutes

Synopsis

In the Lakhimpur Kheri violence incident, a vehicle rammed into a farmers’ protest against the three farm laws passed by the Union Government, killing two BJP workers, a driver and a journalist

The Supreme Court of India today directed the Uttar Pradesh police to submit a report on the allegations that Ashish Mishra, son of former Union Minister Ajay Mishra, was influencing witnesses.

A bench of Justices Surya Kant and N Kotiswar Singh, in its order observed, "The applicants seek the cancellation of bail granted to Ashish Mishra. They have relied on certain material to accuse the petitioner of misusing the concession of bail and violating the terms and conditions of the bail granted. The petitioner has filed an affidavit, and Advocate Prashant Bhushan wishes to place additional material on record. We direct the police administration to submit a report on the allegations made."

In July 2024, the Supreme Court had granted bail to Mishra, son of Union Minister Ajay Mishra Teni, in a case registered over the Lakhimpur Kheri violence of October 3, 2021. A bench of Justices Surya Kant and Ujjal Bhuyan had then directed the trial court to expedite hearing.

Earlier last year, court had extended the interim bail granted by the top court in 2023. Court had then noted that since September 2023, no Report had been received from the Trial Court on the progress of the case.

In December 2022, the Supreme Court had directed the Registrar (Judicial) to enquire about the expected time it will take to complete the trial from the first additional sessions judge at Lakhimpur Kheri. The State of Uttar Pradesh had also been directed to file an additional affidavit stipulating the pace of the investigation in the case.

A bench of Justices Surya Kant & Krishna Murari had also contemplated on the need to balance the rights of the accused persons behind the Lakhimpur Kheri incident with those of the victims and witnesses. 

Ashish Mishra is one of the 13 accused persons who have been held for murder, criminal conspiracy and certain other offences in the violence case.  The Supreme Court had issued notice to the Uttar Pradesh Government on Ashish’s bail plea on September 6, 2022 and had asked the Uttar Pradesh Government to respond to his petition seeking bail, in which he had challenged the denial of bail to him by Allahabad High Court on July 26.

On April 18, 2022 the Supreme Court cancelled the bail given to Ashish Mishra by the Allahabad High Court. Earlier, the bail pleas of Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court on November 15, 2021.

Case Title: Ashish Mishra vs. State of Uttar Pradesh