The Uttar Pradesh police has cleared former Union home minister for state Ajay Kumar Mishra ‘Teni’ in a case of alleged threat to a witness in the 2021 Lakhimpur violence case where his son is facing trial for mowing down farmers protesting over the now-repealed farm laws.
Event Context
In a status report submitted to the Supreme Court hearing a bail plea filed by the former minister’s son Ashish Mishra, the state police said that it completed investigation of a complaint by a witness who allegedly received a threat last year in connection with the trial in the larger case. Four persons, including the former minister and his son, were named as accused by the police.
A bench headed by Chief Justice of India (CJI) Surya Kant took the status report on record and permitted the concerned victim to file a response.
Based on the forensic examination of an audio clip produced by the victim Baljeet Singh, the state filed a charge sheet against an individual identified as Amandeep Singh on May 6. Giving a clean chit to the other three accused, the status report said, “Further investigation has revealed no involvement of accused Ajay Mishra, Ashish Mishra and Virendra Kumar Mishra in the concerned offence.”
The police filed a final investigation report before the trial court on July 9 against the three accused and dropped the criminal conspiracy charge under section 120B of the Indian Penal Code against Amandeep Singh, who alone is to now face trial in the witness intimidation case.
UP Additional Advocate General (AAG) Sharan Dev Singh Thakur presented the status report to the court. He stated that the police filed the final report before the concerned court which has since taken cognisance against the lone accused on July 13 and the matter is pending trial.
Senior advocate Siddharth Dave, appearing for Mishra, said that the charge sheet made it clear his client had no role behind the alleged threat. The issue assumed significance as Mishra is currently on bail in the main trial which is pending before the Lakhimpur Kheri court. In his bail order of January 2023, one of the conditions required him and his family not to directly or indirectly threaten or influence the witnesses or victims in the case.
The status report further indicated that in the trial of the main case, 61 out of 131 witnesses remain to be examined. A total of eight people were killed in the Lakhimpur Kheri violence — including four farmers and one journalist. Ashish Mishra was arrested within six days of the incident. As per the police charge sheet, the killings were pre-planned as Ashish Mishra arrived in a Mahindra Thar SUV along with a convoy of 3-4 vehicles at the site where the farmers were protesting. Infuriated by this act, protesting farmers allegedly pulled out three occupants from the car and lynched them.
A separate criminal case in this regard was registered by police against four farmers who too are out on bail. In this case, 29 witnesses have deposed while nine are yet to be examined.
