Lakhimpur Kheri case: SC objects to HC relying on 'irrelevant' details to grant bail to prime accused

The Supreme Court on Monday (April 4) objected to the Allahabad High Court's February 10 order giving credence to "irrelevant" details in FIR and post mortem reports to grant bail to Ashish Mishra, son of a Union Minister and the prime accused in the Lakhimpur Kheri violence case.

"We don't approve of such irrelevant things. We don't want to use words like nonsense," a bench presided over by Chief Justice N V Ramana said.

"This is not good; what we feel this way of going into the merits, injuries (caused by a bullet) is not necessary," the bench, also comprising Justices Surya Kant and Hima Kohli, added.

The court reserved its order on a plea to cancel the bail in the case related to the mowing down of six farmers during a protest in October, last year.

During the hearing, the bench sought to know from the Uttar Pradesh government, represented by senior advocate Mahesh Jethmalani about its stand as the SIT headed by Justice Rakesh Kumar Jain, former judge of Punjab and Haryana High Court, recommended filing an appeal against the High Court's order.

The counsel, for his part, said Mishra is not a flight risk and to say the offence was intentional or not, is a matter of trial. However, the offence is grave and the state government opposed the bail, he said.

Senior advocate Dushyant Dave, appearing for the victims, contended that the High Court relied upon the post mortem report to point out contents of the FIR which claimed the death by bullet injuries, to grant bail to the accused, ignoring the SIT report as well as the charge sheet, including the statement of witnesses.

He sought cancellation of the bail, saying the charges were grave and the witnesses faced threat to their life.

The counsel contended that the High Court's order suffered from gross non-application of mind.

Jethmalani, for his part, denied any threat to witnesses, saying that the state government has provided adequate security to all the 98 witnesses in the case, and the police are also in regular touch with them.

Senior advocate Ranjit Kumar, appearing for Mishra, defended the High Court's order, while reading the contents of the FIR, which referred to death by bullet injuries, in contradiction to the findings in the post mortem report.

Mishra, son of Union Minister Ajay Mishra Teni, was arrested on October 9 last year in the case.