Supreme Court to Hear Lakhimpur Kheri Case on Wednesday

(Judicial Quest News Network)

Supreme Court is scheduled to hear on Wednesday the matter pertaining to the October 3 violence in Lakhimpur Kheri in which eight persons were killed during a farmer’s protest.

A three Judges Bench comprising of Chief Justice of India Justice NV Ramana, Justice Surya Kant, and Justice Hima Kohli  will continue hearing the petition registered in connection with the incident in which four persons were mowed down by a four-wheeler belonging to Ashih Mishra, son of Union Minister Ajay Mishra Teni.

The Supreme Court had registered the (PIL)petition on the basis of a letter written by two lawyers Shiv Kumar Tripathi and C.S.Panda seeking investigation by the Central Bureau of Investigation (CBI) into the incident. They have sought judicial intervention and direction against the Union Government and the Uttar Pradesh Government along with the concerned bureaucrats so that the cult of violence comes to a grinding halt. Claiming that of late violence has become the political culture in the country.

On the last hearing on October,8 CJI had recorded dissatisfaction over the investigation done by the Uttar Pradesh Police in the case.

During the hearing the bench had asked why the accused has not been arrested. When the state government said that the police has served the summons on the main accused Ashish Mishra, the bench asked that was the norm in all murder cases.

The court had adjourned the matter to be taken up after Dussehra break.

Ten people including Union Minister of State for Home Ajay Mishra’s son Ashis Mishra have been arrested so far in connection with the case.

Several farmers organisations are protesting against the passage of three laws The farmers produce Trade and Commerce Promotion & facilitation Act,2020), The Essential Commodities Amendment Act,2020 and Farmer’s Empowerment & Protection Agreement on price assistance and farm ServicesAct,2020 since last November.

The Supreme Court had stayed the implementation of these laws in January. Initially, the protests started from Punjab in November last year and later spreaded to Delhi, Haryana, Uttar Pradesh.

Senior Advocate Harish Salve, who appeared for the State of Uttar Pradesh, had assured the bench that satisfactory steps would be taken and investigation by an alternative agency will be explored. The bench had recorded in the order that he will speak to the higher officials of the State Police to do the needful to preserve the evidence and material in the matter.

After the remarks by the Supreme Court, Ashish Mishra had been arrested by the UP police on 9th October, after he appeared before the Crime Branch office in Lakhimpur Kheri earlier that day pursuant to a notice issued to him by UP Police asking him to appear before it by 11 am. He was later denied bail on October,13th in the case by the Chief Judicial Magistrate, Lakhimpur Kheri, Chinta Ram.

His name was already mentioned in a first information report (FIR) for Murder, Criminal Conspiracy in connection with the recent violent incident of Lakhipur Kheri, in which a total of 8 people died, four of whom were mowed down by a vehicle allegedly being driven by Mishra.

On October,6 the Supreme Court had directed the UP Government to file a status report by today regarding the investigation in the Lakhimpur Kheri violence containing the details of the accused and if they have been arrested.

The FRI against the son of Union Home Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra ‘Teni’ Ashish Mishra alias Monu 302 for Murder,304-A for causing death due to reckless driving 120-B for criminal conspiracy and 147 for rioting, 297 for rash driving,338 for causing grievous hurt to any person by doing any act so rashly or neglegiently as to endanger human life along with other penal provisions at the Tikunia police Station.

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