The Supreme Court on Wednesday directed the Uttar Pradesh Government to respond by April 4 to the two reports of the retired judge monitoring the SIT probe into the Lakhimpur Kheri violence case. The reports sought cancellation of bail to Ashish Mishra, son of Union Minister Ajay Mishra.
A bench headed by Chief Justice NV Ramana said the monitoring judge had written to the State for cancellation of bail granted by the Allahabad High Court to Ashish Mishra in connection with the case.
“There are two letters sent to the Additional Chief Secretary (Home) of the UP Government by the monitoring judge who had written to the State to file an appeal in SC to cancel bail of main accused Ashish Mishra,” said the bench also comprising Justices Surya Kant and Hima Kohli.
Senior advocate Mahesh Jethmalani, appearing for the UP Government, took instructions and informed the apex court that the additional secretary of the Home department has stated that he did not receive the letters.
The bench then asked him to go through the reports submitted by the SIT and respond to it by April 4.
Senior advocate Dushyant Dave, appearing for the petitioners, submitted that the Uttar Pradesh Government has submitted that they had opposed the bail in the High Court. “It is imminent that the bail be cancelled or set aside in these circumstances as the HC verdict suffers from non-application of mind,” he said.
Dave also submitted that Ashish in his affidavit had relied on documents to show he was not present at the scene of the crime on October 3 last year. “The State terms these documents as doctored,” Dave said and requested the top court to take a serious view of this.
The bench said it will hand over the report of the judge and the letters to the petitioners and the UP Government counsel and posted the matter for hearing on April 4.
The State Government, in response to an appeal filed by family members of the victims of Lakhimpur Kheri violence, had said that the Allahabad High Court order, as well as its counter-affidavit, would demonstrate it has vehemently opposed the bail application of Ashish. The apex court had appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to supervise on a day-to-day basis the Uttar Pradesh SIT’s probe into the Lakhimpur Kheri violence.
