[Lakhimpur Kheri] Judge monitoring probe asked State to appeal against Ashish Mishra bail: Supreme Court told

The Supreme Court was told on Wednesday that the judge monitoring the investigation into the Lakhimpur Kheri case, which resulted in the death of eight persons, had asked the State of Uttar Pradesh to file an appeal against the order granting bail to prime accused Ashish Mishra..The Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli sought a response from the State government on the report sent by the judge..When the matter was heard today, CJI Ramana noted,"It appears from the report submitted by the monitoring judge that he has recommended to prefer an appeal (against the bail granted by the Allahabad High Court)."Justice Kant also pointed out that the head of the Special Investigation Team (SIT) running the probe had also written letters to the State Home Minister recommending that the government files an appeal.Senior Advocate Mahesh Jethamalani, appearing for the UP government, told the Court that he had not seen the letters, and sought time..Appearing for the petitioners, Senior Advocate Dushyant Dave said,"State of UP has submitted that they had opposed the bail in High Court. It is imminent that the bail be cancelled or set aside. The High Court verdict suffers from non-application of mind."After Jethmalani informed the Bench that the Additional Secretary, Home of the State government had not receive the letters or the report, the Court said,"We are giving this report to State and petitioner. We will hear this again tomorrow."As Dave expressed his non-availability on Thursday, and Jethmalani asked for more time, the Court agreed to list the matter on Monday, April 4..In its affidavit filed in the Supreme Court, the State of Uttar Pradesh said that all 98 witnesses in the Lakhimpur Kheri case have been given adequate security, and that the petitioner was attempting to conflate issues.It also denied the contention made in the pending case before the Supreme Court that the State did not adequately oppose the bail application of prime accused in the case, Ashish Mishra, son of Union Home Minister of State Ajay Mishra Teni..After the Allahabad High Court granted bail to Mishra in the case, the family members of the deceased had approached the Supreme Court in appeal, seeking cancellation of the bail. The State of Uttar Pradesh is yet to file an appeal against the High Court verdict.Earlier this month, Advocate Prashant Bhushan had mentioned the matter before a Bench headed by CJI Ramana, claiming that one of the witnesses in the Lakhimpur Kheri case in was attacked. The Court had then issued notice to the State and directed it to file a response and to ensure that witnesses were protected.The affidavit filed by the State specifically denies that the attack on one of the witnesses of the Lakhimpur Kheri incident was motivated by and connected with the release of Mishra on bail.As regards the fact that the State has not filed an appeal against the High Court order, the affidavit stated,"Furthermore, the Impugned Order being of 10.02.2022, the limitation period against the same is still running, and the decision to file SLP against the same, is pending consideration before the relevant authorities.".On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against the now revoked farm laws. The protesters had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who was planning to attend an event in the area.A four-wheeler belonging to Mishra then allegedly mowed down and killed eight persons, including the protesting farmers.The Allahabad High Court granted bail to Mishra on February 10, stating that there might have been a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.