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A special bench led by Chief Justice of India NV Ramana and consisting of Justices Surya Kant and Hima Kohli today posted the hearing on the plea seeking cancellation of bail granted to Ashish Mishra, the prime accused in the Lakhimpur Kheri violence case, on Monday ( April 4, 2022).

The bench said that they have received a letter from Justice Rakesh Kumar Jain (Retd.), who has been appointed to monitor the investigation, recommending the cancellation of bail to Ashish Mishra.

The bench sought the stand of the State over the issue, however, Senior Advocate Mahesh Jethmalani appearing for the State of Uttar Pradesh sought time to seek instructions on the same.

A plea was filed in Supreme Court by the kin of those who were allegedly killed in the Lakhimpur Kheri violence, challenging the Allahabad High Court order allowing bail to Ashish Mishra, the key accused in the Lakhimpur Kheri Violence case. 

The plea filed by Advocate Shiv Kumar Tripathi has sought cancellation of the bail stating that "the concept of fairness in action and the postulate of 'justice not only done but seem to be done' still remains a far cry." 

Yesterday, the State of UP filed a counter stating that it has provided requisite security to the kin of the victims and eyewitnesses to the incident.

The bench of Justice Rajeev Singh of Allahabad High Court on February 10, 2022, had pronounced the judgment which had been reserved on January 18. Earlier, the bail pleas of Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court on November 15, 2021.

In the October 3 case, a total of 14 people have been made accused and out of those currently, 13 accused, including Mishra, are lodged in the district jail. The proceedings in the Lakhimpur Kheri violence case(s) are going on before the District Court in which Uttar Pradesh Police had filed an exhaustive chargesheet running into 5000 pages on January 3.

In November 2021, Supreme Court appointed Justice (Retd) Rakesh Kumar Jain of Punjab and Haryana High Court to monitor investigation in the Lakhimpur Kheri Violence incidents. The Court has also asked the UP government to reconstitute the Special Investigation Team (SIT) to include IPS officers S.B.Shirodkar, Deepinder Singh and Padmaja Chauhan. 

The bench has directed that the matter be listed after a charge sheet has been filed on the recommendation of Justice (Retd) Rakesh Kumar Jain.

Case title: Jagjeet Singh & Ors Vs Ashsih Mishra