NEW DELHI: The Supreme Court on Wednesday asked the UP government to explain why it failed to act on requests from the SIT to challenge the HC’s order granting bail to Lakhimpur Kheri violence main accused Ashish Mishra. “Your (UP government’s) affidavit also says that you are contemplating filing an appeal for cancellation of Ashish Mishra’s bail. But explain why you did not act promptly on the SIT’s requests (for urgent appeal),” the bench said and posted the case for further hearing on Monday.
On November 17 last year, the CJI-led bench had appointed retired Punjab and Haryana HC Judge Rakesh Kumar Jain to supervise the probe by the SIT, which the SC reconstituted by drafting-in three senior IPS officers “to ensure transparency, fairness and absolute impartiality” in the investigations into the October 3 Lakhimpur Kheri incidents. TOI perused the two probe status reports filed by Justice Jain — one on the FIR relating to the death of five persons who were allegedly mowed down by vehicles of Ashish Mishra, son of Union minister Ajay Mishra, and the second FIR on the lynching of three persons by protesting farmers who were enraged after vehicles plowed into them.
On the investigations into the farmers’ deaths, Justice Jain’s status report said after Mishra was granted bail on February 10, “The head of the SIT wrote to the additional chief secretary, home department, UP on February 10 and 14, requesting urgent appeal in the SC for cancellation of bail in view of the ongoing investigation and possibility of threat to the witnesses (including 98 protected witnesses)”. The status report said, “After filing of chargesheet (against 13 accused), probe is still going to establish the identity of two remaining unknown accused. SIT is still visiting places and contacting several locals. No useful information has been received thus far but efforts are being made. ”