Lakhimpur Kheri: Supreme Court refuses to recall bail granted to Ashish Mishra

The Supreme Court on Monday refused to recall the order granting bail to former Union Minister Ajay Mishra's son Ashish Mishra over allegations that witnesses were being threatened in the Lakhimpur Kheri violence case [Ashish Mishra Alias Monu vs State of UP]..A Bench of Justices Surya Kant and N Kotiswar Singh noted that the police report did not substantiate the allegations that a person close to Mishra had tried to influence the witnesses. The Court, however, granted the witness a liberty to file complaint with the local police and ordered that the same be considered independently. It further ordered expeditious examination of the crucial witnesses."Let trial proceed and since next date is on April 16, and let examination be prioritized of eye witnesses and crucial witnesses. Let the schedule of same be placed before next date," it directed..The Court in November 2024 had directed Mishra to respond to the allegations made in an application moved in his bail plea. Superintendent of Police of Lakhimpur had also been directed to look into the matter. Today, the police submitted its report.Advocate Prashant Bhushan, representing the applicants, said,"The transcript of conversation shows a BJP person trying to influence the witness. The police says identity not known." Senior Advocate Siddharth Dave, representing Mishra, however, denied the allegations. After looking at the report, the Court said,"If you are aggrieved, then you can move the application.".Mishra is accused of killing at least four farmers who had assembled in Lakhimpur Kheri, Uttar Pradesh in 2021 to protest against the now revoked farm laws. He is currently on bail.A total of eight people including a journalist were killed in the violence. A Special investigation team (SIT) of the Uttar Pradesh Police later filed a 5,000-page chargesheet against Mishra and others before the trial court.The apex court has been monitoring the trial in the case..Mishra was granted interim bail by the top court in January 2023. He was granted regular bail in July 2024.As part of the bail conditions, Mishra is permitted to stay either in Delhi or in Lucknow. However, he is allowed to visit Lakhimpur Kheri for trial. "The petitioner shall, however, abide by the terms and conditions imposed vide order dated 25.01.2023 and shall be entitled to go to the place where the trial is pending a day prior to the date fixed in the trial case," the top court's order dated July 22 said..Today, the Bench questioned the citing of a large number of witnesses in the case and emphasized that statement of vital witnesses need to be recorded at the earliest."Why to have such a long list of witnesses? There is a new trend to have 200-300 witnesses. Then 20 or more will not stand by the original statement. We have already held that the prosecutor can have a scientific examination done and prune the list. Like why to have witnesses who will say the same thing," Justice Kant remarked..Meanwhile, the Court permitted Mishra to visit Lakhimpur Kheri on Ram Navami on April 5."Petitioner is permitted to visit Lakhimpur Kheri on April 5, celebrate Ram Navami on April 6 and celebrate the same and no political worker to take part in the said celebration. He shall return to Lucknow on April 7 before 5 pm," the Court ordered.