Read Time: 06 minutes

"Ashish Mishra and 12 others' criminal act during the Lakhimpur Kheri violence was pre-planned...done with an intention to kill," writes the Chief Investigator of the Special Investigation Team in his letter to the Chief Judicial Magistrate, Kheri.

The letter that seeks Local Court's permission to invoke additional criminal charges against Mishra and 12 others, reads,

"So far, it has been proved from the analysis and collected evidence that the said criminal act as done by the above-accused persons was not due to negligence or neglect, it was deliberate and in pursuance of a pre-planned plan, with the intention of killing." 

Consequently, the SIT has demanded the 13 arrested accused, including Mishra who is son of Union Minister of State Ajay Misra 'Teni', to be charged with attempt to murder as well.

The letter states that the warrant issued against the 13 accused persons should be amended to the extent that Sections 304A (culpable homicide not amounting to murder), 279 (negligent driving), and 338 (causing grievous hurt) of the Indian Penal Code are removed and Sections 307 (attempt to murder), 326 (causing hurt with dangerous weapon), 34 (acts done by several persons in furtherance of common intention), and 3/25 Arms Act be added. 

Last month, the Supreme Court had asked the Uttar Pradesh Government to reconstitute the SIT that is probing the matter. In pursuance of the same, IPS officers S.B.Shirodkar, Deepinder Singh and Padmaja Chauhan were also included in the team and Justice (Retd) Rakesh Kumar Jain of Punjab and Haryana High Court was appointed to monitor the investigation. 

This development had taken place after the Top Court had expressed its dissatisfaction in October with the way UP Police was investigating the matter. The Apex Court had noted that though there was a direct eye witness to the crime, still only notices were being issued to Mishra. 

However, a day later, Mishra had appeared before the Crime Branch Office at Lakhimpur Kheri on October 9, where he got arrested after nearly 12 hours of questioning. Mishra and all 12 other above mentioned accused are currently in judicial custody. 

Recently, Mishra had moved Allahabad High Court with this bail plea following his bail rejection by the UP Local Court. The High Court has sought State's reply on Mishra's plea which is yet to be filed. 

The Incident 

On October 3, 2021, reportedly an unfortunate incident took place at Tikonia Banbirpur Road, District Lakhimpur Khiri,U.P where at least eight people were killed as violence broke out during a farmer's protest against Deputy CM Keshav Prasad Maurya and Union Minister Ajay Kumar Mishra Visits.

It was alleged that the violence ensued in the area after the two SUVs, in the convoy of a union minister, allegedly ran over a group of farmers protesting against the anti-farm laws during the visit of Uttar Pradesh Deputy CM.

As per SIT's instant letter, in the violent car incident a total of 5 people died while several others got severely injured.