NEW DELHI: The Supreme Court on Monday asked the Uttar Pradesh government as to how long Ashish Mishra, an accused in Lakhimpur Kheri violence case can be kept behind the bars as putting him inside the jail indefinitely amounted to prejudging him and there has to be balance between rights of the accused and the victims.
Hearing a bail plea filed by Ashish Mishra, prime accused in the 2021 incident, a bench comprising Justices Surya Kant and Krishna Murari asked its registrar to ascertain from the Additional Sessions Judge, Lakhimpur Kheri, how much time the trial in the case is likely to take to conclude.
Mishra is the son of Union Minister of Home, Ajay Mishra Teni.
As Additional Advocate General of Uttar Pradesh Garima Prasad opposed bail plea of Mishra, the bench asked her, how long someone should be kept in, the victim has rights, the accused also has some rights, society has interest in all these things, keeping him indefinitely would amount to pre-judging him as guilty.
The state counsel said it is a grave offence and there statements of injured eyewitnesses regarding Mishras presence at the crime spot.
Appearing for Mishra, senior advocate Mukul Rohatgi said his client was not present at the crime spot.
Opposing the bail plea, senior advocate Dushyant Dave, for the victims families, said that in murder cases when trial court and the high court had refused bail, then in such matters the apex court should not interfere.
He said this is a very serious case and pointed out that witnesses in the case have already been attacked.
The bench said the witnesses have been granted protection as per order of the court.
Rohatgi, for his part, said the records showed that the person in the car was one Sumit Jaiswal and his client was not at the scene of the crime.
He said that Mishra was at a wrestling match and there are records of mobile tower locations prove that he was at a different place.
He also wondered how murder charge is attracted against him.
Dave submitted that crime was premeditated and cited Mishra's father's statement that protesting farmers will be taught a lesson.
If someone can be killed merely because they are agitating, then nobody is safe in a democracy," Dave said.
Following the arguments, the bench sought details of the time frame within which the trial would be completed.
The court also asked the UP government to file an additional affidavit giving details about the progress and pace of investigation and proceedings.
The top court will take up the matter for further hearing in January next year.
On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers' protest. Mishra was arrested on October 9 last year in the case.
