The Supreme Court has permitted Ashish Mishra, the prime accused in the Lakhimpur Kheri case, to visit his family in Lakhimpur Kheri every weekend, with specific conditions.
The Supreme Court of India, on Thursday, granted Ashish Mishra, son of BJP leader and former Union Minister Ajay Mishra, permission to visit Lakhimpur Kheri every weekend to spend time with his family. This decision came with a strict condition that Mishra must return to Lucknow by Sunday evening.
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A bench consisting of Justice Surya Kant and Justice NK Singh made this decision while modifying Mishra's bail conditions. The Court emphasized that Mishra’s visit should remain private and limited to family interactions. He is prohibited from participating in any public meetings or engaging in political activities during his visits.
Senior Advocate Siddharth Dave, representing Mishra, argued that Mishra had not seen his daughters for four years and requested permission for him to spend 10-12 days every month with his family. In response to a query from the bench about why his daughters could not travel to Lucknow, Dave cited the distance (approximately 200 kilometers) and better climate of Lakhimpur Kheri. He also mentioned the deteriorating health of Mishra's mother.
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UP Additional Advocate General Garima Prashad informed the Court that out of 208 witnesses, 16 have been examined, including 10 injured witnesses. Justice Surya Kant suggested that if multiple witnesses belong to the same family, only one may be required to testify to streamline the process. However, he clarified that the final decision rests with the Prosecutor.
When Advocate Prashant Bhushan, representing the victims, intervened, Justice Kant affirmed that victims have specific rights in the trial process. He emphasized that they cannot be mere "idle spectators."
Background of the Case
The Lakhimpur Kheri case relates to an incident in October 2021, where a vehicle convoy allegedly led by Ashish Mishra ran over a group of protesting farmers, leading to the deaths of five individuals. This incident stirred significant political controversy, as Ashish Mishra's father, Ajay Mishra, was a Union Minister at the time.
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The Supreme Court had previously criticized the Uttar Pradesh police for their delay in arresting Mishra, leading to his subsequent detention. Mishra was granted bail by the Allahabad High Court in February 2022, but this was overturned by the Supreme Court in April 2022, which noted that the High Court had considered irrelevant factors. After a re-hearing, the High Court rejected Mishra's bail application.
In January 2023, the Supreme Court granted Mishra interim bail for eight weeks, which was later extended. The interim bail eventually became absolute, allowing Mishra to stay in either Delhi or Lucknow.
Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022
