The Lucknow bench of the Allahabad High Court on Monday rejected the bail plea of Ashish Mishra, prime accused in the Lakhimpur violence case and four others and said political people holding high positions shouldn’t make “irresponsible statements” and need to conduct themselves in a manner befitting their status and the dignity of their office..
Ashish, son of MoS Ajay Mishra is an accused in the Lakhimpur Kheri violence in which eight people died on October 3 last year, when violence that erupted during a farmers’ protest against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.
Ashish had surrendered to the court two weeks ago after the Supreme Court’s deadline given to him passed. The apex court had previously cancelled his bail and given him a week’s time to surrender.
During the hearing on Monday, the court referred to a special investigation team’s conclusion in the charge sheet that had the union minister not made utterances against farmers a few days before the incident, the violence would not have taken place. “Political persons holding high offices should make public utterances in a decent language considering its repercussions in society. They should not make irresponsible statements as they are required to conduct themselves befitting their status and dignity of high office which they hold,” the court of Justice Dinesh Kumar Singh observed.
The Bench also reacted strongly to the fact that the administration did not cancel the wrestling competition in the Union minister’s village on the day of the violence even as Section 144 of the CrPC was imposed in the area.
“This court cannot believe that it would not have been within the knowledge of the deputy chief minister of the state that provisions of the Section 144 CrPC were clamped and any assembly or gathering was prohibited,” the court said.
“Despite this, the wrestling competition was organised and the Union minister of state for home and the deputy chief minister decided to be present as chief guest etc. in the event,” The Bench said.
Rejecting the bail pleas of Lavkush, Ankit Das, Sumit Jaiswal and Shishupal and apparently referring to the charge sheet, the court observed that all four accused were “actively involved” in the planning and participation of the heinous offence committed in a “cruel, diabolic and inhuman manner” and did not deserve bail.
“These four accused and the main accused, Ashish Mishra, belong to very influential political families as said and apprehension of the prosecution that they would interfere with the course of justice, tamper with the evidence and influence the witnesses cannot be ruled out at this stage,” the Bench said.
The top court had on April 4 reserved its order on a plea of farmers seeking cancellation of bail to Ashish Mishra. The Allahabad High Court had granted bail to Mishra in the case.
The Supreme Court had ordered the Allahabad High Court to review its decision on Ashish Mishra’s bail plea. Senior advocate Dushyant Dave, appearing for the farmers, had appealed to the apex court to order the High Court to transfer the matter to a different division. However, the chief justice had rejected the request saying it was not appropriate.
“Victims have the right to be heard in every proceeding. We hold that the victims have been denied the chance of an effective hearing in the present case,” the bench had stated.
(With PTI inputs)
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