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Tag: Lakhimpur Kheri violence

  • Two years of Lakhimpur Kheri violence but justice eludes victims

    By IANS

    LAKHIMPUR KHERI: On Tuesday (October 3), it will be two years since the Lakhimpur Kheri violence where eight persons, including four farmers, a journalist, and three BJP workers were killed, under the Tikunia police station.

    Currently, the main accused, Ashish Mishra, the son of Bharatiya Janata Party leader (BJP) and Union minister Ajay Mishra, is out on bail.However, the case seems to be moving at a snail’s pace and the victims wait endlessly for justice. Politicians have moved on and lost interest in the case.Shockingly, so far, only four out of 171 witnesses have got their statements recorded before court in the case against Ashish Mishra.Ashish was arrested on October 9, six days after violence broke out during a farmers’ protest against three agri-reform laws (since repealed) and the then UP deputy chief minister Keshav Prasad Maurya’s visit to the area.According to the UP Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following this, the person who was driving the SUV and two BJP workers were allegedly lynched by angry farmers. The FIR said that a journalist also died in the violence.Additional district judge (I) Sunil Kumar Varma, district court, Lakhimpur Kheri, is hearing the case and the first witness recorded his statement in the court in January 2023.Advocate Suresh Singh, representing farmers in the court, said that the case is being listed for hearing once in every 8-10 days.“The trial began on January 12 this year as a large number of discharge applications came up before the court from both sides – prosecution and defence,” he said.Several public servants are also witnesses in the case, who were posted in Lakhimpur Kheri when the violence took place.“The then DM, SDM, ADM, SP, ASP, S-I and others are witnesses in the case,” said Singh.Jagjit Singh, father of one of the farmers who died in the violence, was the first witness of the prosecution to appear before the court on January 12, 2023. He is also a complainant in the case.Singh said, “Trial of the case is going on at a satisfactory pace. There is a legal process to conduct a trial. It must be followed.”“It will take four to five years to complete the trial in the case,” he added.Summons are issued to witnesses to appear before the court on a particular date, but there is no guarantee that the witness will appear. In such a scenario, notice is issued again and a new date is fixed for the witness to appear.Jagjit Singh, the first witness in the case to record a statement in court, is not satisfied with the pace of trial. “Justice delayed is justice denied. We want the trial to be expedited. If it goes on at this pace, it will take several years to complete,” he said.

    ALSO READ:

    8 killed in violence at farmers’ protest in UP’s Lakhimpur-Kheri

    Lakhimpur Kheri violence: How long can we keep Ashish Mishra in custody, asks Supreme Court

    Trial in 2021 Lakhimpur Kheri violence case not ‘slow paced’: Supreme Court

    Lakhimpur Kheri violence case: SC extends interim bail of BJP minister’s son Ashish Mishra

    LAKHIMPUR KHERI: On Tuesday (October 3), it will be two years since the Lakhimpur Kheri violence where eight persons, including four farmers, a journalist, and three BJP workers were killed, under the Tikunia police station.

    Currently, the main accused, Ashish Mishra, the son of Bharatiya Janata Party leader (BJP) and Union minister Ajay Mishra, is out on bail.
    However, the case seems to be moving at a snail’s pace and the victims wait endlessly for justice. Politicians have moved on and lost interest in the case.
    Shockingly, so far, only four out of 171 witnesses have got their statements recorded before court in the case against Ashish Mishra.
    Ashish was arrested on October 9, six days after violence broke out during a farmers’ protest against three agri-reform laws (since repealed) and the then UP deputy chief minister Keshav Prasad Maurya’s visit to the area.
    According to the UP Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following this, the person who was driving the SUV and two BJP workers were allegedly lynched by angry farmers. The FIR said that a journalist also died in the violence.
    Additional district judge (I) Sunil Kumar Varma, district court, Lakhimpur Kheri, is hearing the case and the first witness recorded his statement in the court in January 2023.
    Advocate Suresh Singh, representing farmers in the court, said that the case is being listed for hearing once in every 8-10 days.
    “The trial began on January 12 this year as a large number of discharge applications came up before the court from both sides – prosecution and defence,” he said.
    Several public servants are also witnesses in the case, who were posted in Lakhimpur Kheri when the violence took place.
    “The then DM, SDM, ADM, SP, ASP, S-I and others are witnesses in the case,” said Singh.
    Jagjit Singh, father of one of the farmers who died in the violence, was the first witness of the prosecution to appear before the court on January 12, 2023. He is also a complainant in the case.
    Singh said, “Trial of the case is going on at a satisfactory pace. There is a legal process to conduct a trial. It must be followed.”
    “It will take four to five years to complete the trial in the case,” he added.
    Summons are issued to witnesses to appear before the court on a particular date, but there is no guarantee that the witness will appear. In such a scenario, notice is issued again and a new date is fixed for the witness to appear.
    Jagjit Singh, the first witness in the case to record a statement in court, is not satisfied with the pace of trial. “Justice delayed is justice denied. We want the trial to be expedited. If it goes on at this pace, it will take several years to complete,” he said.

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    8 killed in violence at farmers’ protest in UP’s Lakhimpur-Kheri

    Lakhimpur Kheri violence: How long can we keep Ashish Mishra in custody, asks Supreme Court

    Trial in 2021 Lakhimpur Kheri violence case not ‘slow paced’: Supreme Court

    Lakhimpur Kheri violence case: SC extends interim bail of BJP minister’s son Ashish Mishra

  • Trial in 2021 Lakhimpur Kheri violence case not ‘slow paced’: Supreme Court

    By PTI

    NEW DELHI: The Supreme Court on Tuesday said the trial in the 2021 Lakhimpur Kheri violence case, in which Union minister Ajay Kumar Mishra’s son Ashish is among those facing prosecution, is not “slow-paced” and directed the concerned sessions judge to keep apprising it about the future developments of the trial.

    The top court observed that it is not monitoring the trial but it is having “indirect supervision” on it.

    A bench of Justices Surya Kant and J K Maheshwari said the interim direction contained in its January 25 order, by which it had granted eight-week interim bail to Ashish Mishra in the case, shall continue to operate.

    Advocate Prashant Bhushan, representing the victims’ families, told the bench that about 200 prosecution witnesses have to be examined and he is concerned about the “slow pace of the trial”.

    “The trial is not slow-paced. We have received three letters from the trial judge,” the bench observed, adding it had gone through the contents of the letters received from the First Additional District and Sessions Judge, Lakhimpur Kheri.

    The top court said as per the letters, the examination of three witnesses is over while the cross-examination of one of them is going on. “We are not using the word monitoring but we are having indirect supervision on the trial and we will do that,” it said, adding, “Let us continue with the same status for some more time.”

    On January 25, the apex court granted eight-week interim bail to Ashish Mishra and directed him to leave Uttar Pradesh within one week of his release from jail.

    ALSO READ | Lakhimpur Kheri violence case: 8 men accused of mowing down farmers get interim bail

    On October 3, 2021, eight people were killed in Lakhimpur Kheri district’s Tikunia after violence erupted when farmers were protesting against the then Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following the incident, the driver of the SUV and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

    During the hearing on Tuesday, senior advocate Mukul Rohatgi, appearing for Ashish Mishra, told the bench at the outset that after the January 25 order his client was released from jail and he has appeared before the trial court on every date of the hearing.

    The bench said it has received letters from the trial judge and the proceedings are going on and witnesses are being examined. “The trial court shall continue to apprise this court of the future developments of the trial,” the bench said and posted the matter for hearing in May.

    While hearing the matter on February 13, the apex court had said, “With a view to ensure that trial proceedings can run smoothly and no impediment is caused by anyone, it is directed that the accused persons and one family member of each victim/complainant shall be permitted to attend the court proceedings along with their respective counsels in both the First Information Reports.”

    In its January 25 order, the top court had exercised its “suo-moto constitutional powers” and directed that four accused — Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh — who were arrested in connection with a separate FIR lodged over the killing of three occupants of the SUV, which allegedly mowed down farmers there, be released on interim bail till further orders.

    While granting eight-week interim bail to Ashish Mishra, the bench said any attempt made by him, his family or supporters to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of interim bail.

    It said Ashish Mishra shall surrender his passport to the trial court within one week of his release on interim bail and not enter Uttar Pradesh except to attend the trial proceedings.

    The apex court also said he shall disclose the place of his residence to the trial court as well as the jurisdictional police station where he would stay during the period of interim bail.

    “The trial court shall send progress reports to this court after every date of hearing, along with details of witnesses examined on each date,” the top court had said.

    The Lucknow bench of the Allahabad High Court on July 26 last year rejected Ashish Mishra’s bail plea.

    He had challenged the high court’s order in the apex court.

    On December 6 last year, the trial court framed charges against Ashish Mishra and 12 others for the alleged offences of murder, criminal conspiracy and other penal laws in the case of death of the four protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.

    NEW DELHI: The Supreme Court on Tuesday said the trial in the 2021 Lakhimpur Kheri violence case, in which Union minister Ajay Kumar Mishra’s son Ashish is among those facing prosecution, is not “slow-paced” and directed the concerned sessions judge to keep apprising it about the future developments of the trial.

    The top court observed that it is not monitoring the trial but it is having “indirect supervision” on it.

    A bench of Justices Surya Kant and J K Maheshwari said the interim direction contained in its January 25 order, by which it had granted eight-week interim bail to Ashish Mishra in the case, shall continue to operate.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2′); });

    Advocate Prashant Bhushan, representing the victims’ families, told the bench that about 200 prosecution witnesses have to be examined and he is concerned about the “slow pace of the trial”.

    “The trial is not slow-paced. We have received three letters from the trial judge,” the bench observed, adding it had gone through the contents of the letters received from the First Additional District and Sessions Judge, Lakhimpur Kheri.

    The top court said as per the letters, the examination of three witnesses is over while the cross-examination of one of them is going on. “We are not using the word monitoring but we are having indirect supervision on the trial and we will do that,” it said, adding, “Let us continue with the same status for some more time.”

    On January 25, the apex court granted eight-week interim bail to Ashish Mishra and directed him to leave Uttar Pradesh within one week of his release from jail.

    ALSO READ | Lakhimpur Kheri violence case: 8 men accused of mowing down farmers get interim bail

    On October 3, 2021, eight people were killed in Lakhimpur Kheri district’s Tikunia after violence erupted when farmers were protesting against the then Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following the incident, the driver of the SUV and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

    During the hearing on Tuesday, senior advocate Mukul Rohatgi, appearing for Ashish Mishra, told the bench at the outset that after the January 25 order his client was released from jail and he has appeared before the trial court on every date of the hearing.

    The bench said it has received letters from the trial judge and the proceedings are going on and witnesses are being examined. “The trial court shall continue to apprise this court of the future developments of the trial,” the bench said and posted the matter for hearing in May.

    While hearing the matter on February 13, the apex court had said, “With a view to ensure that trial proceedings can run smoothly and no impediment is caused by anyone, it is directed that the accused persons and one family member of each victim/complainant shall be permitted to attend the court proceedings along with their respective counsels in both the First Information Reports.”

    In its January 25 order, the top court had exercised its “suo-moto constitutional powers” and directed that four accused — Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh — who were arrested in connection with a separate FIR lodged over the killing of three occupants of the SUV, which allegedly mowed down farmers there, be released on interim bail till further orders.

    While granting eight-week interim bail to Ashish Mishra, the bench said any attempt made by him, his family or supporters to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of interim bail.

    It said Ashish Mishra shall surrender his passport to the trial court within one week of his release on interim bail and not enter Uttar Pradesh except to attend the trial proceedings.

    The apex court also said he shall disclose the place of his residence to the trial court as well as the jurisdictional police station where he would stay during the period of interim bail.

    “The trial court shall send progress reports to this court after every date of hearing, along with details of witnesses examined on each date,” the top court had said.

    The Lucknow bench of the Allahabad High Court on July 26 last year rejected Ashish Mishra’s bail plea.

    He had challenged the high court’s order in the apex court.

    On December 6 last year, the trial court framed charges against Ashish Mishra and 12 others for the alleged offences of murder, criminal conspiracy and other penal laws in the case of death of the four protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.

  • Court frames charges against Ashish Mishra, 12 others in murder of Lakhimpur Kheri farmers

    By PTI

    LAKHIMPUR KHERI: A court here on Tuesday framed charges against Union minister Ajay Kumar Mishra’s son Ashish and 12 others for murder, criminal conspiracy and related offences in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri, paving the way for the start of the trial.

    Additional District Judge Sunil Kumar Verma has now fixed the next hearing on December 16, District Government Counsel (Criminal) Arvind Tripathi told PTI.

    Tripathi said that 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of Motor Vehicle Act.

    Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra, is the main accused in the case.

    ALSO READ | Nothing can be more insulting: Congress on minister’s continuation on 1st anniversary of Lakhimpur Kheri violence

    The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara. All of them are in jail.

    The 14th accused, Virendra Shukla, who is out on bail, has been charged under section 201 of IPC which is related to causing the disappearance of evidence of an offence or giving false information to screen the offender.

    The primary object of framing of charge is to tell the accused person precisely about what the prosecution intends to prove against him.

    Charges under various sections of the Arms Act were also framed against Ashish Mishra, Ankit Das, Nandan Singh Bisht, Satyam alias Satya Prakash Tripathi, Latif Kale and Sumit Jaiswal, Tripathi said.

    On October 3, 2021, eight people were killed in Tikunia in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.

    ALSO READ | How long will PM continue to save tainted ministers: Priyanka on Ajay Mishra’s remarks on farm leader

    Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR.

    Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers.

    A journalist also died in the violence.

    The 14 accused will be tried in the case related to the death of four farmers and the journalist.

    LAKHIMPUR KHERI: A court here on Tuesday framed charges against Union minister Ajay Kumar Mishra’s son Ashish and 12 others for murder, criminal conspiracy and related offences in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri, paving the way for the start of the trial.

    Additional District Judge Sunil Kumar Verma has now fixed the next hearing on December 16, District Government Counsel (Criminal) Arvind Tripathi told PTI.

    Tripathi said that 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of Motor Vehicle Act.

    Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra, is the main accused in the case.

    ALSO READ | Nothing can be more insulting: Congress on minister’s continuation on 1st anniversary of Lakhimpur Kheri violence

    The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara. All of them are in jail.

    The 14th accused, Virendra Shukla, who is out on bail, has been charged under section 201 of IPC which is related to causing the disappearance of evidence of an offence or giving false information to screen the offender.

    The primary object of framing of charge is to tell the accused person precisely about what the prosecution intends to prove against him.

    Charges under various sections of the Arms Act were also framed against Ashish Mishra, Ankit Das, Nandan Singh Bisht, Satyam alias Satya Prakash Tripathi, Latif Kale and Sumit Jaiswal, Tripathi said.

    On October 3, 2021, eight people were killed in Tikunia in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.

    ALSO READ | How long will PM continue to save tainted ministers: Priyanka on Ajay Mishra’s remarks on farm leader

    Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR.

    Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers.

    A journalist also died in the violence.

    The 14 accused will be tried in the case related to the death of four farmers and the journalist.

  • Nothing can be more insulting: Congress on minister’s continuation on 1st anniversary of Lakhimpur Kheri violence

    By PTI

    NEW DELHI: On the first anniversary of Lakhimpur Kheri violence, the Congress on Monday attacked the Modi government over the continuation of Ajay Mishra ‘Teni’ as a minister as it cited the alleged involvement of his son in mowing down of farmers protesting against the three farm laws that have now been repealed.

    “Nothing can be more insulting that the farmers agitating against the black laws were deliberately killed while the culprit remains a member of the Union council of ministers,” Congress general secretary Jairam Ramesh told reporters.

    There was clear evidence that the minister’s son was involved in the killing, he alleged.

    Mishra’s son Ashish Misra was arrested in the case after four farmers were crushed under the wheels of a convoy of cars and four others, including two BJP workers, were killed in apparently retaliatory violence.

    The Congress also reiterated its support to the Samyukta Kisan Morcha, which had spearheaded the farmers’ agitation against three farm laws, especially its demand for a legal guarantee to the minimum support price for farm produce.

    Bowing to the protests, the government had scrapped the laws.

    ALSO READ | How long will PM continue to save tainted ministers: Priyanka on Ajay Mishra’s remarks on farm leader

    NEW DELHI: On the first anniversary of Lakhimpur Kheri violence, the Congress on Monday attacked the Modi government over the continuation of Ajay Mishra ‘Teni’ as a minister as it cited the alleged involvement of his son in mowing down of farmers protesting against the three farm laws that have now been repealed.

    “Nothing can be more insulting that the farmers agitating against the black laws were deliberately killed while the culprit remains a member of the Union council of ministers,” Congress general secretary Jairam Ramesh told reporters.

    There was clear evidence that the minister’s son was involved in the killing, he alleged.

    Mishra’s son Ashish Misra was arrested in the case after four farmers were crushed under the wheels of a convoy of cars and four others, including two BJP workers, were killed in apparently retaliatory violence.

    The Congress also reiterated its support to the Samyukta Kisan Morcha, which had spearheaded the farmers’ agitation against three farm laws, especially its demand for a legal guarantee to the minimum support price for farm produce.

    Bowing to the protests, the government had scrapped the laws.

    ALSO READ | How long will PM continue to save tainted ministers: Priyanka on Ajay Mishra’s remarks on farm leader

  • Lakhimpur violence witness BKU leader Dilbag Singh attacked by bike-borne men

    By PTI

    LAKHIMPUR: BKU leader Dilbag Singh, a witness in the Lakhimpur Kheri violence case, was allegedly attacked by two unidentified men here, police said on Wednesday.

    The attack took place Tuesday night when the Bhartiya Kisan Union (Tikait) district president was returning home from Aliganj- Muda road in Gola kotwali area in his SUV when the bike-borne miscreants opened fire on him.

    Singh, however, sustained no injuries in the attack.

    Singh is among the witnesses in Tikunia violence of October 3, 2021 in which eight people, including four farmers and a journalist, died.

    Union minister Ajay Mishra’s son Ashish Mishra was arrested in connection with the incident.

    Talking to PTI over phone, the BKU leader said the miscreants punctured a tyre of his SUV owing to which he had to stop the vehicle.

    “The assailants attempted to open the gates and windows of the SUV. When failed, they fired two shots at the window pane of the driver side,” he said.

    Singh said he was driving the SUV and was alone.

    He said sensing the intentions of the attackers, he folded the driver seat and bent down towards the floor.

    As the vehicle windows were covered with dark film, the attackers could not decide the BKU leader’s status in the SUV and fled away on their bikes.

    Singh said he had sent his official gunman (provided to him by the district administration) on leave owing to his son’s sudden sickness on the day.

    He lodged a complaint with Gola kotwali police soon after the attack.

    He added that he had also informed BKU-Tikait spokesperson Rakesh Tikait about the incident.

    Meanwhile, Additional Superintendent of Police (ASP) Arun Kumar Singh told PTI that on the complaint of Dilbag Singh, an FIR under appropriate sections of IPC had been lodged.

    He said forensic teams had been sent to the spot to examine the vehicle and the crime scene and collect evidences.

    He further said police were investigating the case and efforts were on to identify the attackers.

    The ASP added that the BKU-Tikait district president sent his gunman on leave on his own without intimating the senior police authorities.

    “If the matter of leave to his gunman had been intimated to us, we would have provided him another gunman as an alternative arrangement,” he said.

  • Lakhimpur case: SC to rule Monday on plea seeking cancellation of bail to Ashish Mishra

    By PTI

    NEW DELHI: The Supreme Court is scheduled to deliver on Monday its order on a plea seeking cancellation of bail to Ashish Mishra, son of Union minister Ajay Mishra, in the Lakhimpur Kheri violence case.

    A bench headed by Chief Justice N V Ramana is likely to pronounce its verdict at 10:30 am on Monday.

    The top court on April 4 had reserved its order on a plea of farmers seeking cancellation of bail to Ashish Mishra.

    The apex court had earlier raised questions over the Allahabad High Court verdict granting bail to Ashish Mishra, saying unnecessary details like postmortem report and nature of wounds should not have gone into when the trial was yet to commence.

    The special bench, also comprising Justices Surya Kant and Hima Kohli, had also taken strong note of the fact that the state government did not file an appeal against the high court’s order as suggested by the apex court-appointed SIT.

    The bench had taken note of the submissions of senior advocate Dushyant Dave and Prashant Bhushan, appearing for farmers, that the high court did not consider the extensive charge sheet and rather relied upon the FIR where it was alleged that one person received bullet injuries.

    Senior advocate Mahesh Jethmalani, appearing for the state, had said that the accused was not a flight risk and has no criminal record.

    The bail was granted after the high court took note of the facts including the postmortem report which did not indicate bullet injuries of the deceased.

    On March 16, the top court had sought responses of the Uttar Pradesh government and Ashish Mishra, on a plea challenging the grant of bail to him.

    It had also directed the state government to ensure the protection of witnesses after the counsel, appearing for farmers, referred to the attack on a key witness on March 10.

    On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.

    Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR.

    Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers.

    A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centre’s now-repealed agricultural reform laws.

  • Lakhimpur: SC questions detailed examination of evidence, reserves order bail cancellation plea

    By PTI

    NEW DELHI: The Supreme Court on Monday referred to the Allahabad High Court verdict in the Lakhimpur Kheri violence matter and questioned the detailed examination of evidence like postmortem report while granting bail to Ashish Mishra, son of Union minister Ajay Mishra, in the case.

    A special bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli also reserved its verdict on the plea seeking cancellation of bail granted to Ashish Mishra in the case.

    “How can the judge go into postmortem report etc. We are hearing a bail matter, we do not want to prolong. This way of going into merits and going into wounds etc. is unnecessary for the question of bail,” the bench observed.

    Senior advocate Dushayant Dave and lawyer Prashant Bhushan, appearing for the farmers, sought cancellation of the bail alleging that the high court overlooked the probe report and went by the FIR while granting the relief to the accused.

    The state government though termed the offence grave and said that all the witnesses have been granted protection.

    On March 16, the top court had sought responses of the Uttar Pradesh government and Ashish Mishra, on a plea challenging the grant of bail to him.

    It had also directed the state government to ensure protection of witnesses after the counsel, appearing for farmers, referred to the attack on a key witness on March 10.

    On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.

    Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the UP Police FIR.

    Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers.

    A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centre’s now-repealed agricultural reform laws.

  • Lakhimpur violence: Union minister Ajay Mishra’s son Ashish named main accused in charge sheet

    By PTI

    LAKHIMPUR KHERI: The SIT probing the Lakhimpur Kheri violence on Monday filed a charge sheet against 14 people, including Union Minister Ajay Mishra’s son Ashish, who has been named the main accused.

    The 5,000-page charge sheet, which was submitted in the court of Chief Judicial Magistrate (CJM) Chinta Ram, said Ashish Mishra was at the spot where the violence took place.

    It did not have the name of Union Minister of State for Home Ajay Mishra, said sources.

    The complainant in the case, Jagjit Singh, had alleged in the FIR registered at the Tikonia police station that the Union minister and his son had “hatched the conspiracy” and they should be named in the FIR.

    Senior prosecution officer (SPO) SP Yadav said, “In the statements of witnesses, Ashish Mishra Monu’s presence on the spot had been stated and the same was the part of the case diary.”

    When asked to further elaborate and confirm if the minister’s name is in the charge sheet, Yadav said “I haven’t gone through thousands of pages of the charge sheet. Hence, I am unable to respond further.”

    Along with the minister’s son, the FIR names Ankit Das, Nandan Singh Bisht, Satyam Tripathi, alias Satyam, Latif, alias Kale, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar, alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara.

    Apart from the 13 people arrested so far, another accused Virendra Shukla’s name has been added in the chargesheet under Section 201 (causing disappearance of evidence) of the Indian Penal Code, Yadav told reporters in Lakhimpur Kheri.

    Shukla is yet to be arrested and he is the minister’s relative, said Yadav.

    The charges include murder, attempt to murder and violations under the Arms Act.

    The senior prosecution officer said the court accepted the charge sheet and fixed January 10 as the next date of hearing.

    Virendra Shukla has been asked to be present in the court on that day.

    The filing of the charge sheet has renewed the demand for the minister’s dismissal.

    “The entire country has seen the truth of the 5,000-page chargesheet in the form of a video. Yet the Modi government is trying to save the accused. India is a witness! #Lakhimpur#Farmers”, Rahul Gandhi said in a tweet in Hindi, while seeking the dismissal of Ajay Mishra.

    Congress general secretary Priyanka Gandhi said, “They are in the position of protector but stand with the destroyer. In the charge sheet of the Lakhimpur Kheri massacre case, the son of the Union Minister of State for Home is the main accused in the crushing of farmers.”

    “But due to Narendra Modiji’s patronage, Minister Ajay Mishra ‘Teni’ did not even come under the scrutiny of the investigation and he remains in his post,” Priyanka alleged demanding the sacking of the minister.

    Samajwadi Party president Akhilesh Yadav in a tweet said the charge sheet has exposed the double-engine government of the BJP.

    “Today, every supporter-worker of the BJP is embarrassed and scared of social boycott,” he said.

    The incident had taken place on October 3.

    Eight people were killed, four of them farmers allegedly mowed down by an SUV in which some BJP workers were travelling.

    Two BJP workers and their driver were lynched by angry farmers.

    A journalist also died.

  • Mowing down farmers in Lakhimpur Kheri a ‘well-planned conspiracy’: SIT

    Express News Service

    LUCKNOW: In a major development, almost two and a half months after the incident of violence which rocked Lakhimpur Kheri, the sugar bowl of Uttar Pradesh, claiming eight lives, including four farmers and a local journalist, the Special Investigation Team (SIT) has concluded that the incident was ‘pre-planned’ and not an act of negligence and accident.

    Ashish Mishra, the son of Union Minister of  State for Home, Ajay Mishra ‘Teni’, is the key accused in the case along with 13 others.

    Moreover, the SIT has also sought to add several sections of IPC pertaining to the attempt to murder and other charges against all the 14 accused in the case. The SIT has added Section 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means) and 34 (Acts done by several persons in furtherance of common intention).

    The accused were presented in court on Tuesday. Senior Public Prosecutor, Lakhimpur Kheri, S P Yadav said the SIT requested the court that besides IPC Sections 307, 326, 34, Sections 3, 25 and 30 of the Arms Act should also be invoked against all 13, in addition to the charges mentioned in the FIR (of murder and criminal conspiracy, among others). The court is yet to decide on the SIT’s application.

    The SIT also urged the court to drop three IPC Sections against the accused, including 279 (for rash driving), 338 (causing grievous hurt by acts endangering life or personal safety of others) and 304 A (death by negligence).

    The Chief Investigating Officer (IO) of SIT, Vidyaram Diwakar submitted the probe report in the court and claimed that it was not a case of accidental death while driving negligently. “There is a case of conspiracy to crush the mob, murder and attempt to murder as per a well-thought-out conspiracy,” said the IO in the report.

    ALSO READ | Farm protests: From Republic Day violence to Lakhimpur Kheri, it was controversies galore

    However, the Supreme Court had also taken cognizance of the matter and had directed the Special Investigation Team to complete the investigation expeditiously. The Supreme Court had appointed retired Punjab and Haryana High Court judge, Justice Rakesh Kumar Jain, to monitor the probe into the incident. The bench headed by Chief Justice NV Ramana had upgraded the Special Investigation Team (SIT) probing the case by incorporating three IPS officers — SB Shiradkar, Padmaja Chauhan and Preetinder Singh, who all do not belong to UP Cadre  — “to preserve the faith and trust of people in the criminal administration of the justice system”.

    It may be recalled that on October 3,  four farmers were mowed down by an SUV Thar Mahindra being allegedly driven by Ashish Mishra when he ploughed into a crowd of protesting farmers under Tikunia police station in Lakhimpur Kheri. The farmers were protesting against the scheduled visit of UP deputy CM Keshav Maurya and also the MoS Ajay Mishra Teni who had organized an event to which Maurya was invited.

    Following the death of four farmers, the furious crowd caught hold of two BJP workers and a driver of Ajay Mishra and lynched them in the spot on the fateful day.

    Consequently, a case was registered against Ashish Mishra under the relevant sections. Ashish Mishra and his accomplices including Luvkush, Ashish Pandey,  Ankit Das, Shekhar Bharti,  Kale and Sumit Jaiswal, were taken into custody gradually after Ashish Mishra’s arrest on October 12. The  SIT had sent all the accused to jail. Both the sessions and the Allahabad High Court have been denying bail to the accused since then.

    The incident had raised nationwide outrage with political parties and the farmers demanding the resignation of MoS Ajay Mishra Teni. In the wake of the upcoming electoral battle of  2022, the probe report may add to Mishra’s woes as the opposition has vociferously renewed its demand to sack Mishra. 

    However, after the submission of SIT report, MoS Ajay Mishra met his son in jail on Tuesday. Meanwhile, the opposition leaders like Congress Waynad MP Rahul Gandhi, Congress general secretary Priyanka Gandhi Vadra and Samajwadi Party chief Akhilesh Yadav have demanded the government to make Mishra relinquish his post in the Union cabinet as his son’s complicity in the violence was proved.

  • Lakhimpur Kheri sugar mills cancel invite to MoS Ajay Mishra Teni

    Express News Service

    LUCKNOW: Taking cognizance of Bharatiya Kisan Union (BKU) leader Rakesh Tikait’s warning, the management of two cooperative sugar mills in Belrayan and Sampurna Nagar of Kheri district hanged their crushing season-opening programme removing Minister of State for Home Ajay Mishra Teni from the inaugural function which was held on Wednesday.

    Tikait, at a mahapanchayat in Lucknow on Monday, had warned that farmers would take their sugarcane meant for two Lakhimpur Kheri sugar mills to the office of the district magistrate if Union minister of state (MoS) Ajay Kumar Mishra Teni inaugurated the mills in UP’s Lakhimpur Kheri.

    Teni’s son Ashish Mishra alias Monu is the prime accused in Tikunia violence at Lakhimpur Kheri during which eight persons, including four farmers, were killed on October 3. Ashish Mishra is currently lodged in Lakhimpur Kheri district jail in connection with a violence case.

    ALSO READ | ‘Not going home, government must talk to us on other demands’: Tikait rakes up MSP issue as he demands Union Minister Ajay Mishra’s arrest

    In their revised programme, the general manager/secretary of the two cooperative sugar units said, “Kheri district magistrate, who is also the administrator of the two sugar mills, will inaugurate the crushing season in Sarju Cooperative Sugar Mill in Belrayan at 9 am and at 11 am at Kisan Cooperative Sugar Mill in Sampurna Nagar in the presence of farmers and the shareholders on Wednesday.”

    Earlier, MoS for home Ajay Mishra was scheduled to inaugurate the crushing season at the two sugar units.

    Speaking at the Kisan Mahapanchayat convened by the Samyukta Kisan Morcha (SKM), an umbrella body of protesting farmer unions, in Lucknow on Monday, Tikait had also said, “The arrest of Ajay Mishra Teni is our important demand.”

    Meanwhile, local BJP sources claimed that MoS was already pre-occupied in his pre-scheduled programmes out of district owing to which he was not in a position to inaugurate the fresh crushing season.