Senior lawyer, Dushyant Dave, appearing for the victims in the Lakhimpur Kheri case, told the Supreme Court on Monday there are clear indications that the act was “premeditated”, and pleaded that the main accused, Union Minister Ajay Mishra’s son Ashish Mishra should not be granted bail in the case. “There are clear indications that the act was premeditated. The Trial courts in the State of Uttar Pradesh had found it was premeditated. Five people were killed. He is permitted to bring the trial court judgment on record,” Dave told the Supreme Court’s two-judge bench, headed by Justice B R Gavai.<\/p>\n
Mukul Rohatgi, former Attorney General (AG) and senior criminal lawyer appearing for Ashish Mishra opposed the contentions of Dave and said it was not premeditated. “The killing was not at all premeditated. It is incorrect,” Rohatgi argued before the Supreme Court.<\/p>\n
The State of Uttar Pradesh Monday sought more time to file its response in the case, for which, the Supreme Court granted two weeks time and posted the matter for further hearing to November 7. The prime accused, Ashish Mishra, had moved the Supreme Court in the Lakhimpur Kheri violence case and sought bail.<\/p>\n
The apex court had already given notice to the Uttar Pradesh government and pursued its reply after hearing the bail plea filed by Ashish Mishra, accused in Lakhimpur Kheri farmers’ mowing down by vehicle incident. Mishra was denied bail by the Allahabad high court on July 26, after which he knocked on the doors of the Supreme Court in August last week, seeking relief and bail.<\/p>\n
There is no possibility of hampering and tempering the prosecution witnesses. 98 witnesses and their family members have been provided gunners including the barricading of police at their residence under the CCTV camera,” Mishra, in his appeal filed before the Supreme Court said. Mishra was arrested on October last year, and the charge sheet filed in the case claimed the killing to be “pre-planned”.<\/p>\n
The prosecution said Mishra came in an SUV along with a convoy of three-four cars on October 3, last year, and allegedly mowed down protesting farmers against the now repealed farm laws, gathered to protest against it.<\/p>\n