SC sues Allahabad High Court for ‘violation of basic requirement’ on Kheri’s bail

The Supreme Court on Monday attacked the Allahabad High Court for seeking evidence in the Lakhimpur Kheri case and failing to abide by the basic principles of jurisprudence while granting bail to Ashish Mishra, son of Union MoS for home Ajay Mishra . It reserved its mandate on the lawsuit to cancel the bail.

“How does the Supreme Court judge deal with all of this, autopsy reports, etc., when the trial hasn’t started yet and evidence is being collected,” asked CJI NV Ramana, chairman of a jury composed of Justices Surya Kant and Hima Kohli. “What worries us is that the Supreme Court is dealing with all of this,” he said.

Mishra Jr. denied lead counsel Ranjit Kumar’s bail annulment on the grounds that no court would grant him bail once SC lifted bail until the trial was complete. He claimed he was not at the scene of the crime. He was at least 2 kilometers away and argued he had videos to prove it. The CJI denied his request that no one would bail him if SC canceled the bail. Mishra junior also asked the SC to add more terms to the bail terms instead of canceling the bail.

The UP government acknowledged the offense was serious but delayed time to appeal the bail order. SC had asked the state for an explanation as to why it had not appealed the bail order, even though the SIT had twice recommended such an approach. Whether the accused had an intention to kill can only be decided in court. Now it can no longer be treated as a rash and negligent act. The state government also indicated that Mishra junior was hardly at risk of escaping.

The state was represented by senior lawyer Mahesh Jethmalani. Everyone was assigned security, and with the type of security assigned, no threat perception was required, he claimed. However, SC asked the state for an explanation of a recent incident in which a witness was beaten despite the security assigned to him by the state.

The petitioners in this case, the families of those killed, argued that they were not denied a fair opportunity to appeal bail in HC due to connectivity issues. Her lawyer, Prashant Bhushan, was separated during a virtual hearing and a request for a rehearing was denied. Her case was represented in SC by Senior Advocate Dushyant Dave. SC sues Allahabad High Court for ‘violation of basic requirement’ on Kheri’s bail

Russell Falcon

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