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regular-article-logo Tuesday, 10 December 2024

Supreme Court asks UP govt to provide cover for Kheri witness

Diljot had deposed that he saw the Thar jeep belonging to Teni run over five people and spotted Ashis getting off the car, firing in the air and running away

R. Balaji New Delhi Published 17.03.22, 03:21 AM
Ajay Mishra Teni.

Ajay Mishra Teni. File photo

The Supreme Court on Wednesday directed the Uttar Pradesh government to provide protection to witnesses in the Lakhimpur Kheri massacre case, following an alleged attack on a prime witness on March 10 after the BJP’s Assembly poll victory.

The court also issued notices to Ashis Mishra, son of Union minister Ajay Mishra Teni and prime suspect in the murder case, and the state government on a plea from the families of some of the slain farmers for cancellation of Ashis’s bail.

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The bench of Chief Justice N.V. Ramana and Justices Surya Kant and Hima Kohli asked the state’s counsel to file a detailed affidavit on the bail cancellation plea and listed the next hearing for March 24.

Ashis is accused of being in a Thar jeep belonging to his father that allegedly mowed down four farmers and a journalist in Lakhimpur Kheri on October 3.

The Uttar Pradesh government’s counter-affidavit will now be crucial since the state has, unusually, chosen not to challenge the grant of bail to Ashis so far.

“Madam, what is this we are hearing? They (families) are saying a protected witness has been attacked,” Justice Ramana told the state’s counsel.

“You have to file a detailed counter-affidavit. You have to see that all the witnesses are protected.”

Advocate Prashant Bhushan, appearing for the aggrieved farmer families, had told the apex court that a prime witness had been attacked and been warned that he would be taught a lesson as the BJP had won the Uttar Pradesh elections.

“After bail was granted to him (Ashis), one of the prime witnesses was brutally attacked. The people who attacked him said that now that the BJP had won the election, they would take care of him,” Bhushan had said on March 15.

Apart from Ashis, 12 alleged associates of Teni have been arrested in the case. Bhushan said that “on the basis of bail granted to him (Ashis), other co-accused are seeking bail on parity”.

Witness Diljot Singh has been quoted as telling reporters that on March 10, “supporters of Teni” who were part of a BJP victory procession had beaten him and threatened to kill him if he didn’t withdraw from the case. Police have booked five people.

Diljot had deposed that he saw the Thar jeep belonging to Teni run over five people and spotted Ashis getting off the car, firing in the air and running away.

During Wednesday’s hearing, senior advocate Dushyant Dave, also appearing for the aggrieved families, complained that the high court had “misdirected itself” on the principles of grant of bail.

“There was enough material to pin him (Ashis) down,” Dave argued.

The Supreme Court had last year questioned the shoddy investigations in the case by the local police and ordered a court-monitored special investigation team probe.

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