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The Supreme Court on Monday cancelled the bail granted by the Allahabad High Court to Ashish Mishra in the Lakhimpur Kheri violence case and asked him to surrender in a week’s time.
The Allahabad High Court erroneously relied heavily on the FIR at the time of allowing Ashish Mishra’s bail petition in the Lakhimpur Kheri violence case even as the charge sheet in the case had been filed, the Supreme Court on Monday said while cancelling the bail granted by the HC to Union minister Ajay Mishra’s son.
A special bench of chief justice NV Ramana and justices Surya Kant and Hima Kohli held that the high court took into account irrelevant considerations and gave extra weightage to the contents of the FIR.
Here’s what SC judges, who cancelled Ashish Mishra’s bail, observed:
>The denial of victims to be heard and the tearing hurry shown by the high court merits the setting aside of bail order.
>FIR cannot be treated as an encyclopedia of events. Judicial precedents were ignored.
>The Allahabad High Court order is not sustainable.
>The victims have an unbridled right to participate in all proceedings, including bail hearings.
>It is not necessary to observe that the bail application of the accused should not be heard by the same judge… This aspect is better left to the chief justice of the high court.
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