Tag : Lakhimpur

New Delhi: The Supreme Court Monday cancelled the bail granted to Ashish Mishra, son of Union minister Ajay Mishra, in the Lakhimpur Kheri violence case and asked him to surrender in a week, saying the ‘victims’ were denied “a fair and effective hearing” in the Allahabad High Court which adopted a “myopic view of the evidence.” The apex court held that the high court took into account irrelevant considerations and gave extra weightage to the contents of the FIR. It remanded the bail application for fresh adjudication “in a fair, impartial and dispassionate manner, and keeping in view the settled parameters” within three months after taking note of relevant facts and the fact that the victims were not granted a complete opportunity of being heard. The top court dealt in detail with the rights of victims in criminal cases and said they are “totally independent, incomparable, and are not accessory or auxiliary to those of the state” under the Code of Criminal Procedure. “We are, thus, of the view that this court on account of the factors like (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by touching upon the merits of the case; (iii) denial of victims’ right to participate in the proceedings; and (iv) the tearing hurry shown by the High Court in entertaining or granting bail to the respondent/accused; can rightfully cancel the bail, without depriving the Respondent-Accused (Mishra) of his legitimate right to seek enlargement on bail on relevant considerations,” said a bench comprising Chief Justice N V Ramana and justices Surya Kant and Hima Kohli. Writing the 24-page order for the bench, Justice Surya Kant took note of submissions of victims that they we ...