The Supreme Court of India on Wednesday declined a plea by Union minister Ajay Mishra seeking the transfer of the Uttar Pradesh government’s appeal against his acquittal in a murder case that is over 20 years old.
An SC bench comprising of Chief Justice U U Lalit and Bela M Trivedi was told that the transfer was sought on grounds that the senior counsel based in Allahabad cannot go to Lucknow to argue the matter because of his old age.
The bench observed, “We do not go into all these issues as in our view, a request to the high court to hear the appeal for disposal on November 10, 2022, the date given by the high court and agreed upon by both the senior counsel would serve the ends of justice.”
“In case the senior counsel is unable to come down to Lucknow, a request for allowing the said counsel to make submissions through video conferencing may be considered by the high court,” added the bench.
It may be noted that the case pertains to the murder of Prabhat Gupta at 24 years of age which took place in Lakhimpur Kheri in the year 2000.
The Union minister of state for home affairs, Ajay Mishra had faced trial in the case, however, he was acquitted in 2004. The state had filed the appeal after that. A court of additional sessions judge in Lakhimpur Kheri had acquitted Mishra and others in 2004 for lack of evidence.
While the state government had filed an appeal, the family of the victim had filed a separate revision petition challenging the judgement.
Mishra had moved the SC against the administrative order by the Chief Justice of Allahabad High Court rejecting the appeal to transfer the government appeal from Lucknow to Allahabad.
Moreover, his son, Ashish Mishra was the main accused in an incident in Uttar Pradesh’s Lakhimpur Kheri last year. He had been accused of running over a group of protestors with his car in which several had died.
