Lakhimpur Kheri violence case: SC permits Ashish Mishra to visit family on Diwali

by IANS |

New Delhi, Oct 9 (IANS) The Supreme Court on Thursday permitted Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown in Lakhimpur Kheri to celebrate Diwali.


As per the order passed by a Bench of Justices Surya Kant and N.K. Singh, the son of former Union Minister of State for Home Affairs, Ajay Mishra Teni, may meet only with his family members and close relatives, and must return to Lucknow by October 22.


However, the Justice Kant-led Bench clarified that political workers or members of the public will not be involved in the celebrations in any capacity.


The apex court took note of the submission that 23 prosecution witnesses have been examined, nine have been dropped, two remain unserved, and the rest have been summoned for the next hearing, scheduled for October 27.


It also noted the status report filed by the Lakhimpur Kheri Superintendent of Police (SP), which stated that an FIR has been filed against Ashish Mishra and his father for allegedly intimidating a witness.


In its order, the Bench led by Justice Kant directed that an officer of the rank of DSP investigate the matter and ordered that the status of the ongoing investigation be brought on record.


In an earlier hearing, the Supreme Court had suggested that the prosecution reduce the number of formal witnesses to expedite the completion of the trial.


The Justice Kant-led Bench asked the public prosecutor to examine the list of witnesses to find out whether some of them who may be found unnecessary could be dropped.


In July last year, the top court confirmed and made absolute the interim bail granted to Ashish Mishra, asking the trial court to expedite the pending proceedings.


The Supreme Court in January 2023 imposed a slew of conditions while granting interim bail to Mishra. It had ruled that Ashish Mishra would have to leave Uttar Pradesh within one week of his release; he cannot stay in UP or Delhi/NCR; he shall inform the court about his location; and any attempt by his family members or Mishra himself to influence witnesses would lead to cancellation of his bail.


The apex court added that Mishra would have to surrender his passport; he would not enter UP except to attend the trial proceedings; and the prosecution, SIT, Informant or any family member of the victims of the crime would be at liberty to promptly inform the apex court of any incident of misuse of the concession of the interim bail.


Subsequently, it relaxed the bail condition of Ashish Mishra to stay in Lucknow or Delhi. Later, he was allowed to visit his family every Saturday evening, with the condition that he must return to Lucknow by Sunday daytime.


In October 2021, eight people were killed in Lakhimpur Kheri District's Tikunia in violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya's visit to the area. According to the UP Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated

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