SC declines to transfer UP govt's appeal against Union minister Mishra's acquittal in murder case
New Delhi (PTI): The Supreme Court has declined a plea filed by Union minister Ajay Mishra seeking transfer of the Uttar Pradesh government's appeal against his acquittal in an over 20-year-old murder case.
A bench of Chief Justice U U Lalit and Bela M Trivedi was told that the transfer was sought on grounds that the senior counsel, who has to argue the matter at Lucknow, was ordinarily based at Allahabad and because of his old age it would not be possible for him to go all the way to Lucknow for arguments.
"We do not go into all these issues as in our view, a request to the high court to hear the appeal for disposal on November 10, 2022, the date given by the high court and agreed upon by both the senior counsel would serve the ends of justice," the bench said.
"In case the senior counsel is unable to come down to Lucknow, a request for allowing the said counsel to make submissions through video conferencing may be considered by the high court," the bench said.
The case pertains to the murder of 24-year-old Prabhat Gupta which took place in Lakhimpur Kheri in 2000.
Ajay Mishra, Union Minister of State for Home, had faced trial for the murder of Gupta and was acquitted in 2004, after which the state filed the appeal.
A court of additional sessions judge in Lakhimpur Kheri had acquitted Mishra and others in 2004 for want of adequate evidence.
Aggrieved by the acquittals, the state government had preferred an appeal while the deceased's family had filed a separate revision petition challenging the judgment.
Mishra had moved the top court against the administrative order passed by the Chief Justice of the High Court of Judicature at Allahabad rejecting the prayer to transfer government appeal from Lucknow to Allahabad.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
