New Delhi: Setting aside the Allahabad High Court order, the Supreme Court on Monday cancelled the bail granted to Ashish Mishra, son of Union minister Ajay Mishra, in Lakhimpur Kheri violence case. He has been directed to surrender within a week.
“The denial of victims to be heard and the tearing hurry shown by the High Court merits the setting aside of bail order. Thus, we remand the matter back to High Court for fresh consideration of the bail application of accused,” the bench headed by Chief Justice NV Ramana, which had reserved the order after hearing all the parties on April 4, said.
The top court further said that the Allahabad High Court erred by not considering judicial precedents while granting bail to Mishra. “FIR cannot be treated as an encyclopedia of events. Judicial precedents were ignored,” the court said in its order.
The HC also erred by not giving an opportunity to complainants to argue and oppose bail, it said, adding that a victim of a crime has the “unbridled participatory right” in the criminal trial process.
Notably, families of farmers who were killed on October 3 at Lakhimpur Kheri in UP, had challenged the Allahabad High Court, which had granted him bail on February 10.
