The Supreme Court on Wednesday sought a reply from the Uttar Pradesh government on the report of its appointed committee to monitor the probe into the Lakhimpur Kheri violence, wherein it has recommended state to prefer appeal challenging Allahbad HC order granting bail to Ashish Mishra.
The SC-appointed committee has recommended preferring the appeal to cancel the bail of Ashish Mishra, the apex court observed.
The apex court was hearing a plea seeking to cancel bail to Ashish Mishra, who is the son of Union Minister of State for Home Affairs Ajay Mishra Teni, granted by the Allahabad High Court on February 10.
A bench headed by Chief Justice NV Ramana listed the matter for April 4 and has asked Uttar Pradesh to file a response to the report filed by the committee.
During the hearing, Senior Advocate Mahesh Jethmalani appearing for the State of Uttar Pradesh, told the Court that he will take instructions in this regard.
Senior Advocate Dushyant Dave, appearing for petitioners, submitted before the Court that the state has opposed the bail plea of accused Ashish Mishra in Allahabad High Court. He said that the order of Allahabad HC suffered from complete non application of mind.
Earlier, in an affidavit, Uttar Pradesh Government told the Supreme Court that the state has taken all efforts to protect the witnesses and families of victims of the Lakhimpur Kheri incident
The Uttar Pradesh Government had told the Supreme Court that all the witnesses are regularly contacted by the police for appraisal of their security conditions.
The submission of Uttar Pradesh came in an affidavit, replying to the petition seeking to cancel bail to Ashish Mishra.
Uttar Pradesh government told the Supreme Court it had opposed the bail plea of Ashish Mishra in the Allahabad High Court and the submission of the petition that the State did not effectively oppose the bail application of the accused Ashish Mishra is completely untrue.
Uttar Pradesh Government said that Allahabad High Court order of February 10, 2022, the limitation period against the same is still running, and the decision to file SLP against the same is pending consideration before the relevant authorities.
In the earlier hearing advocate Prashant Bhushan, appearing for the petitioner, said that one of the prime protected witnesses was brutally attacked, a few days after bail was granted to Ashish Mishra.
Family members of the victims of Lakhimpur Kheri incident moved the Supreme Court challenging Allahabad High Court order, which granted bail to Ashish Mishra.
In the Special Leave Petition, family members of the deceased challenged the Allahabad High Court order dated February 10, 2022, wherein Ashish Mishra was granted regular bail. The petitioner said that the Allahabad HC order is unsustainable in law. They also said that they have approached the Apex Court as the State of Uttar Pradesh has failed to prefer any appeal against the impugned order.
Ashish Mishra, was released from jail in February followed by Allahabad High Court granting him bail. Eight people, including four farmers, had died in violence on October 3, 2020 in Lakhimpur Kheri.
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.
( With inputs from ANI )
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