“High Court Took Irrelevant Considerations In Account”; What SC Said While Cancelling Ashish Mishra’s Bail

In a major development, the Supreme Court on Monday set aside the Allahabad High Court order which granted bail to Union Minister Ajay Mishra Teni’s son Ashish Mishra in connection with the Lakhimpur Kheri violence case.

The High Court order is based on “irrelevant observations”, the Supreme Court ruled.

Ashish Mishra was granted bail by the Allahabad High Court on February 10. This was challenged by the families of farmers who were killed on October 3 at Lakhimpur Kheri in UP.

Here are the important remarks made by the bench led by CJI NV Ramana:

“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 High Court has taken into account several irrelevant considerations and overlooked precedents.”

→ “The denial of victims to be heard and the tearing hurry shown by the High Court merits the setting aside of the bail order.”

→ “FIR cannot be treated as an encyclopaedia of events. Judicial precedents were ignored.”

→ “It would not be proper to pass such an order. We are sure that the same judge would not want to hear the matter again,” SC said when asked to direct a different High Court judge to hear the case. 

Eight people were killed in UP’s Lakhimpur Kheri on October 3 after violence erupted during a farmers’ protest against deputy chief minister Keshav Prasad Maurya’s visit to the area.

Four farmers were mowed down by an SUV, in which Ashish Mishra was sitting, according to a police FIR.

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