Uttar Pradesh government told to Pinnacle court that "Grave Offence", But Minister's Son "No Flight Risk"

04-04-2022

Ashish Mishra, the son of Union Minister Ajay Mishra Teni, accused of running over farmers in Lakhimpur Kheri, is "not a flight risk", the state government told the Supreme Court today on a petition challenging his bail.

While asserting that the offence is grave, the UP government also argued that witnesses had been provided security so there can be "no tampering".

Ashish Mishra isn't a repeat offender, UP said. "If he had been a repeat offender bail mustn't be granted," said the authorities, represented by Mahesh Jethmalani.

The Supreme Court had asked UP to reply to a Special Investigation Team report recommending cancellation of bail.

Ashish Mishra's lawyer told the judges that if Supreme Court cancelled his bail, "no other court will touch the matter".

After arguments, the Supreme Court reserved its order on a petition challenging bail granted to Ashish Mishra by the Allahabad state supreme court on February 10.

The bail was appealed by knowns of the Kisan run over by an SUV allegedly driven by Ashish Mishra on October 3 last year, during a protest against three controversial farm laws.

Chief Justice NV Ramana said, "We cannot force you to file an appeal against the bail. what's your stand?"

The UP government, accused of going dotty the son of the influential Union Minister, told the Supreme Court that it had argued before the state supreme court that it had been a grave offence and "no words were enough to condemn the offence".

"The offence is grave. Whether or not crime was with deliberate intent can only be examined at trial stage. Intention of offence could be a nuanced matter, and might be discussed only at trial stage," Mr Jethmalani said, on behalf of the UP government.

UP said it had "vehemently" opposed it before the Allahabad state supreme court.

"The judicature granted bail despite our arguments. People died by crushing vehicles. the problem isn't bullet injury."

Granting bail to Ashish Mishra, the judicature had raised questions about a number of the costs listed by the police, including firing at protesters.

"Considering the facts and circumstances of the case in toto, it's evident that as per the FIR, the role of firing was assigned to the applicant (Ashish Mishra) for killing the protesters, but during the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person," the court had said.

Eight people died in Lakhimpur Kheri on October 3. After four farmers and a journalist were crushed by the convoy of the Union Minister's son, three more, including BJP workers, were killed in violence that broke out later.

The farmers' families said Ashish Mishra's bail must be cancelled as he's a threat to witnesses. A witness was attacked in March and attackers had issued threats citing the BJP's victory within the recent UP election, they alleged.