Place Ashish Mishra’s bail plea before CJI, says Justice BR Gavai-led Bench

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New Delhi, November 11

The Supreme Court on Friday said the bail plea of Lakhimpur Kheri violence case accused and Union minister Ajay Mishra Teni’s son Ashish Mishra should be placed before a Bench comprising judges who had earlier dealt with the matter.

Maintaining that judicial propriety demanded the matter be placed before a Bench comprising one of the judges who had earlier heard the matter, a Bench led by Justice BR Gavai directed the court’s Registry to obtain orders from the Chief Justice of India for placing it before an appropriate Bench.

The Supreme Court had on September 6 issued notice to the Uttar Pradesh government on Ashish Mishra’s bail plea and asked the Uttar Pradesh government to respond to his petition challenging the Allahabad High Court’s July 26 order rejecting his bail plea.

Being a politically influential person, Ashish could influence the witnesses and affect the trial, the high court had said.

Four farmers were mowed down by an SUV in Lakhimpur Kheri when those against farm laws were holding a demonstration against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit on October 3, 2021. In the subsequent violence, two BJP workers, a driver and a journalist were killed. It was alleged that Ashish was sitting in one of the cars.

Earlier, the Supreme Court had on April 18 cancelled the bail given to Ashish Mishra by the Allahabad High Court, saying the ‘victims’ were denied a fair and effective hearing at the time of granting bail to him. However, it had asked the Allahabad High Court—which had given bail to Mishra on February 10 — to examine Mishra’s bail plea afresh “in a fair, impartial and dispassionate manner, and keeping in view the settled parameters.” The high court rejected his bail plea on July 26.