The Supreme Court on Monday directed the Lakhimpur Superintendent of Police to conduct a fact-finding enquiry on the allegations that Ashish Mishra, son of former Union Minister Ajay Mishra and an accused in the Lakhimpur Kheri violence case, was trying to influence the witnesses.
The Bench of Justice Surya Kant and Justice N Kotiswar Singh directed the SP to submit a report within four weeks.
The Apex Court passed the order on an application filed by the family members of the deceased seeking cancellation of bail granted to Mishra, alleging that he was trying to influence the witnesses in the case.
Terming the application ‘publicity-oriented,’ Senior Advocate Siddharth Dave, representing Mishra, apprised the Court that on the relevant day, Mishra was at the Lok Sabha Secretariat. He said there could not be a bigger proof of the allegations being misplaced.
He further alleged that the applicants had developed a habit of repeatedly making such allegations against Mishra.
Appearing for the applicants, Advocate Prashant Bhushan took the Bench through the application seeking cancellation of Mishra’s bail, which stated that the identity of the witnesses sought to be influenced could not be revealed due to fear of reprisal.
Bhushan sought time from the Apex Court to file a recording showing that a witness was promised a reward in exchange for not giving evidence.
Noting that in such a scenario, a parallel enquiry may be required to find out if the person alleged of trying to influence was Mishra’s associate or planted by someone else, the top court of the country ordered the Police Commissioner to conduct an enquiry into the veracity, genuineness and reliability of such allegations, and submit a report on the same.
On November 27, the Bench of Justice Surya Kant and Justice Ujjal Bhuyan had directed Ashish Mishra to file an affidavit regarding the allegations that he was threatening the witnesses.
The top court of the country issued the direction after Senior Advocate Siddharth Dave denied the charges levelled by the witnesses.
The Bench showed the Senior Counsel certain photographs regarding the allegations, to which Dave responded that the photos had been filed with oblique reasons.
Dave contended that every time the case came up for hearing, something like this cropped up. He submitted that the photographs were not meant for this Court, they were meant for outside.
The Bench then ordered Mishra to file an affidavit over the charges levelled by the witnesses and listed the matter for hearing after four weeks.
On July 22, 2024, the Apex Court made absolute, its interim order of January 25, 2023. The top court of the country had granted interim bail to Mishra in January 2023 in the 2021 Lakhimpur Kheri violence case, which led to the death of eight people.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan further granted bail to farmers in the case and directed the trial court to expedite hearing.
The top court of the country said in its order that taking into consideration all the attending circumstances, it was making its interim order absolute.
Noting that out of 117 witnesses, seven have been examined so far, the Bench directed the trial court to fix the schedule, keeping in view other time-bound or urgent matters that were pending, while prioritising the pending subject.
Violence had erupted in Lakhimpur Kheri district of Uttar Pradesh on October 3, 2021, when four of the farmers protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area were mowed down by a sports utility vehicle. The farmers were protesting against the Centre’s now-repealed three agriculture laws.
A driver and two Bharatiya Janata Party workers were allegedly lynched by angry farmers. A journalist also died during the incident.
The trial court had, on December 6, 2023, framed charges against Mishra and 12 others for the alleged offences of murder, criminal conspiracy and under other penal laws in the case of the farmers’ deaths, paving the way for the trial to start.