Thread by @barandbench

#SupremeCourt to continue hearing bail plea of Ashish Mishra, son of Union Minister Ajay Teni, in connection with the Lakhimpur Kheri violence case in which eight people were killed after allegedly being mowed down by Mishra's vehicle.

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Hearing starts.

Sr Adv Mukul Rohatgi appearing for Mishra: My client has spent a year in jail.

Bench discusses.

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Rohatgi: Please see the first FIR. Lordships may note that date of that mishap is October 4. Time is 2:53 in the afternoon. That is very important. See the complainant, he is not an eye witness. His hearsay is also false.

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Rohatgi: The fact that he was not in the car, no one died in firing is a matter of record. Photograph shows person in the car was one Sumit Jaiswal. Driver and one more in the car were pulled out and killed on the spot.

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Rohatgi: SIT material shows all this. I was at the Akhada side near the jungle, which is held every year where my father, the deputy CM also comes every year. It is not some alibi cooked up that i was in some hotel. I was not at the site.

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Rohatgi: He (driver) tried to run because stones were being thrown on the car. If you throw stones, someone will have to speed away. Nobody was killed by the bullet, I have a licensed gun.

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Justice Surya Kant: We just want to see what the SIT says about you presence.

Rohatgi: Please see rejoinder.

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Rohatgi reading from rejoinder after Justice Krishna Murari is also given a copy.

SC: After finding by SIT, that you were present at the place of dangal, they went on basis of ...?

Rohatgi: Please see page 268.

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SC: How much is the distance between the 2 places?

Rohatgi: 4kms, my lords.

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Justice Kant: You are saying after you came to know of the firing you headed to the site?

Rohatgi: Yes. Two of my friends in the car ran ...

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Rohatgi: He went from dangal to incident and then back to dangal. He is main crowd in dangal because his father has to come.

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Rohatgi: Fracas happened, someone people killed by being pulled out, some by stone throwing. A journalist was also liked.

SC: Very unfortunate incident.

Rohatgi: The chargesheet is kind of general but it is clear that he was at the dangal site.

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SC: How many witnesses have been cited by the prosecution?

Rohatgi: 200. This was not a pre-planned incident. This is a case of a Fracas occuring when i was at dangal. I had gotten bail.

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Rohatgi: My client was admittedly at dangal. No case of false alibi. There is no conclusive evidence to show I was there at the site. How is this a case of 302 (murder), I have spent a year in jail.

SC: Ms Prashad, what do you have to say as an officer of the Court?

AAG Garima Prashad: It is a serious offence.

SC: 302 is serious we know. But in such cases we look at how long trial will take, whether need to keep him indefinitely etc. Else it harms the case of the victims also.

AAG: SIT has done extensive job.
SC: Yes a commendable one

SC: But how to balance interests of justice and society together here? If we keep him behind bars are we not pre-supposing guilt?

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SC: Protection of witnesses has to continue. Fairnes of trial must not be compromised.

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Sr Adv D Dave: I can show precedent to show that in murder cases if trial and HCs deny bail then this Court should not interfere. 1 year is not a long time for murder.

SC: We grant bail everyday. Forget about this case.

Dave: 5 people killed in cold blood. His father had said

Dave: will reach lesson. Witnesses being attacked.

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Sr Adv Dushyant Dave: These are powerful people. His route was changed on the last day. Chargesheet has well collected evidence, ignore the FIR. There is nothing exceptional about this car. In large number of cases there are many witnesses.

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SC: He is inside because of our order.

Dave: He is inside as per law. If someone can kill merely because they are agitating, then nobody is safe in a democracy.

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Dave: SIT has reconstructed minute by minute, second by second. State has said his photographs are doctored. Lordships conscience will be shocked, please see SIT conclusion and the father's statement.

SC: Mr Dave we should not rely on that.

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SC: We are broadly under one aspect, whether under our supervision the trial can go on fairly...

AAG: The State has done a lot.

SC: We cannot prejudice anyone's rights. There can be no invisible victims.

Dave: If my lords lay down that in 302, accused can be nailed after...

Dave: 1 year, i will bow down. But there is no exceptional circumstance here. In a case as heinous as murder and when two witnesses have already been attacked, they should not be released.

SC: Then for how long?

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Order: The Registrar Judicial is directed to find out from the first Addl Sessions judge at Lakhimpur Kheri as to how much time the trial is likely to take without compromising with another pending or prioritised matters.

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Order: A tentative schedule shall be submitted as to this case being tried on an out of turn basis.

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Order: State of UP directed to file an additional affidavit as to the pace of investigation and proceedings on complaint by Mr Jaiswal.

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Order: The ld first additional sessions judge shall also consider the desirability of the discharge of the co accused. List on a non miscellaneous day after reopening.

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