Lucknow: In relation with the plea challenging the bail granted to Ashish Mishra, amid the Lakhimpur Kheri case, Advocate Prashant Bhushan has told to Supreme Court that one of the prime witness in Lakhimpur Kheri case was brutally attacked and was told that he will be taken care of now, as Bharatiya Janata Party has won the State Elections.
“After bail was granted to him (Mishra), one of the prime protected witness was brutally attacked. The people who attacked him said, now that BJP has won election they’ll take care of him,” Bhushan appearing for the petitioner said.
A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli opined that the bench who originally heard the case, seeking investigation into the Lakhimpur Kheri case should consider the present matter.
The bench has adjourned the case till tomorrow, for enabling the court for constituting a Bench comprising CJI Ramana, Justice Surya Kant and Justice Hima Kohli.
A special leave petition was being heard by the court filed by the family members of the farmers who got killed in the Lakhimpur Kheri crime challenging the bail granted to Ashish Mishra, son of Union Minister Ajay Mishra, by the Allahabad High Court.
After an urgent listing of the case was sought by the Advocate Prashant Bhushan, informing the court that one of the witness was attacked, the matter was listed before the court.
Bail Order: In the bail order, the High Court had observed that it is possible that the driver of the offending vehicle must have tried to speed up to protect himself from the protesters.
“In case, the story of the prosecution is accepted, thousands of protesters gathered at the place of incident and there might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place”, the Court had observed.
While considering all the facts of the case, the court has observed that it cannot shut its eyes to the killing of three persons sitting in the Thar vehicle, including the driver, who were killed by the protesters.
The Court also noted that the photograph available in the case diary clearly revealed the brutality of the protesters, who were beating the said three persons, namely, Hariom Mishra, Shubham Mishra, and Shyam Sunder.