Lakhimpur: SC questions detailed examination of evidence, reserves order on bail cancellation plea
New Delhi, Apr 4: The Supreme Court on Monday referred to the Allahabad High Court verdict in the Lakhimpur Kheri violence matter and questioned the detailed examination of evidence like postmortem report while granting bail to Ashish Mishra, son of Union minister Ajay Mishra, in the case.
A special bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli also reserved its verdict on the plea seeking cancellation of bail granted to Ashish Mishra in the case.
How can the judge go into postmortem report etc. We are hearing a bail matter, we do not want to prolong.This way of going into merits and going into wounds etc. is unnecessary for the question of bail, the bench observed.
Senior advocate Dushayant Dave and lawyer Prashant Bhushan, appearing for the farmers, sought cancellation of the bail alleging that the high court overlooked the probe report and went by the FIR while granting the relief to the accused.
The state government though termed the offence grave and said that all the witnesses have been granted protection.
On March 16, the top court had sought responses of the Uttar Pradesh government and Ashish Mishra, on a plea challenging the grant of bail to him.
It had also directed the state government to ensure protection of witnesses after the counsel, appearing for farmers, referred to the attack on a key witness on March 10.
On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the UP Police FIR. Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers.
A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centre's now-repealed agricultural reform laws.
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Allahabad HC asks CBI, ED to inquire disproportionate assets allegation against Rahul Gandhi
Lucknow (PTI): The Lucknow bench of Allahabad High Court has directed the Central Bureau of Investigation and the Enforcement Directorate to conduct an inquiry into the allegations of amassing of disproportionate assets by Congress MP and Leader of Opposition in Lok Sabha Rahul Gandhi.
The court has asked the agencies to submit the progress of the inquiry on July 20.
A division bench of Justices Rajesh Singh Chauhan and Zafeer Ahmad passed the order while hearing a criminal writ petition moved by a Karnataka BJP worker, S Vignesh Shishir.
The petitioner has alleged accumulation of disproportionate assets by Gandhi and sought direction of an inquiry into the matter.
The bench conducted an in-chamber hearing in the case on May 12.
In its order published on the high court's website on Thursday, the bench observed, "It is expected that if the complaint of the petitioner has been received, the allegations may be verified as per law. It is needless to say that the CBI or ED may take appropriate steps permissible under the law."
Besides the CBI and ED, the bench has also directed the Central government's Department of Personnel and Training, the Department of Revenue, the Ministry of Finance, the Ministry of Corporate Affairs and the Director of Serious Fraud Investigation Office to file their responses on the allegations levelled by the petition within eight weeks.
According to the order, the CBI and the ED have informed the bench that they have received the petitioner's complaint and would file a response before the court.
To a query on whether the petition was maintainable, the bench said that this submission would be tested after receiving the counter-affidavits of the respective parties and the rejoinder affidavits thereof.
The court also ordered its senior registrar to keep the paper-book and the loose documents provided by the petitioner in a sealed cover to be opened on the next hearing.
