New Delhi, July 22: The Supreme Court has granted bail to Ashish Mishra, son of former Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri violence case from October 2021. Mishra was allegedly involved in an incident where vehicles from his convoy ran over farmers protesting against the farm laws, resulting in the deaths of five people.
Previously, in January 2023, a Bench of Justices Surya Kant and JK Maheshwari had granted Mishra interim bail for eight weeks, which was subsequently extended multiple times. The interim bail came with stringent conditions, including a directive for Mishra to leave Uttar Pradesh within a week and not to stay in either UP or Delhi. However, this condition was later modified to allow him to stay in Delhi.
In today’s order, the Bench of Justices Surya Kant and Ujjal Bhuyan made the interim bail permanent, permitting Mishra to reside in either Delhi or Lucknow, UP. Mishra was also instructed to comply with the other terms set forth in the 2023 order and could visit the trial location only a day before the proceedings.
The Court had previously instructed the public prosecutor and local police to ensure the presence of witnesses during Mishra’s trial, noting delays due to absent witnesses. In today’s hearing, the Court stressed the need to expedite the trial, noting that only seven out of 117 witnesses had been examined over 19 months. The Court directed the trial court to prioritise the case and schedule it accordingly.
“We direct the Trial Court to fix the schedule, keeping in view the other time-bound or urgent matters that are pending but prioritising the subject trial. The Public prosecutor shall inform the Trial Court of the witnesses (not less than 5) who shall be produced on the date fixed. The State shall ensure that all witnesses shall remain present,” the order stated.
Senior Advocate Siddhartha Dave, representing Mishra, argued that Mishra’s influence had diminished since his father was no longer an MP. However, Justice Kant countered, stating that influence is not solely dependent on holding a ministerial position.
Advocate Prashant Bhushan, representing the victims, pointed out the slow pace of the trial, which prompted the Court to stress the urgency of the case. Despite Dave’s request to relax Mishra’s bail conditions to look after his daughters, the Court maintained that Mishra must stay away from the trial location except for the day before the hearings.
After considering various suggestions, the Court decided that Mishra could stay in Lucknow, ensuring he remains distanced from the trial proceedings in Lakhimpur Kheri.
Ashish Mishra’s involvement in the Lakhimpur Kheri violence has been under scrutiny since October 2021. Initially, the Allahabad High Court granted him bail in February 2022, but the Supreme Court overturned this decision in April 2022, citing improper considerations by the High Court. The Supreme Court remanded the case back to the High Court, which subsequently denied bail on July 26, 2022.
This latest Supreme Court order aims to balance Mishra’s bail with strict conditions to ensure the trial proceeds without undue influence or delay.
