The Supreme Court has turned down a prayer made by Union Minister Ajay Mishra Teni, seeking transfer of the government appeal, which challenged his acquittal in a 22-year-old murder case from Allahabad High Court’s Lucknow Bench to Prayagraj Bench.
The Bench of Chief Justice U.U. Lalit and Justice Bela M. Trivedi, however, urged the High Court to hear the application for disposal on November 10, 2022, the date given by the High Court and agreed upon by Senior Counsels for both the sides.
The Union Minister had earlier moved the High Court, seeking transfer of the government appeal on the ground that Senior Counsel Gopal Chaturvedi representing him was based in Allahabad and because of his old age, it would not be possible for him to go all the way to Lucknow for arguments.
The High Court Bench, led by Chief Justice Rajesh Bindal, had refused Mishra’s petition, leading to his plea before the Supreme Court.
The High Court Bench, led by Chief Justice Rajesh Bindal, had refused Mishra’s petition, leading to his plea before the Supreme Court.
The Apex Court observed that in case the octogenarian Senior Counsel (representing Mishra) was unable to come down to Lucknow, a request for allowing the Counsel to make submissions through video-conferencing may be considered by the High Court.
On 8 July 2022, a 22-year-old youth Prabhat Gupta was murdered in Tikunia town of Lakhimpur Kheri in Uttar Pradesh. His father Santosh Gupta had alleged that Prabhat was shot in broad daylight at around 3:30 pm in Banveerpur village of Tikunia police station area. It was alleged that the first bullet was shot by Ajay Mishra on his forehead, the second bullet was shot by Subhash Mama in the chest. After this, Prabhat died on the spot.
An FIR was registered against Ajay Mishra Teni, Shashi Bhushan, Rakesh Dalu and Subhash Mama. On January 5, 2001, Justice D.K. Trivedi in the High Court set aside the stay on Teni’s arrest.
On May 10, 2001, the High Court Bench of Justice Nasimuddin had ordered Mishra’s arrest. Following the orders, Teni surrendered on June 25, 2001 and got bail in the case on June 26. The trial court had acquitted all the accused in the case on April 29, 2004. The verdict was challenged in the High Court and the Lucknow Bench heard the case for the next 14 years.
In March 2018, the High Court reserved its order. The Bench of Justice Ramesh Sinha and Justice Saroj Yadav heard the case on April 5 this year and fixed the last date of hearing on May 16. Since then, the hearing has been postponed on one pretext or the other.