SC junks Mishra's plea seeking transfer of UP's appeal
One-liner: The SC has declined a plea filed by Union minister Ajay Mishra seeking a transfer of the UP govt's appeal against his acquittal in a murder case.
Why the transfer: A bench was told that the transfer was sought on grounds that the senior counsel in the case because of his old age could not go all the way to Lucknow for arguments.
What the bench said: "We do not go into all these issues as in our view, a request to the HC to hear the appeal for disposal on Nov 10, 2022, the date given by it and agreed upon by both the senior counsel would serve the ends of justice," the bench said.
Video conferencing: "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 HC," the bench said.
Murder case: The case pertains to the murder of 24-year-old Prabhat Gupta which took place in Lakhimpur Kheri in 2000.
Appeal filed by state: Ajay Mishra, Union Minister of State for Home, had faced trial for the murder of Gupta and was acquitted in 2004, after which the state filed the appeal.
Acquitted: A court of additional sessions judge in Lakhimpur Kheri had acquitted Mishra and others in 2004 for want of adequate evidence.
Judgment challenged: Aggrieved by the acquittals, the state govt had preferred an appeal while the deceased's family had filed a separate revision petition challenging the judgment.
Prayer rejected: Mishra had moved the top court against the administrative order passed by the CJ of the HC of Judicature at Allahabad rejecting the prayer to transfer govt appeal from Lucknow to Allahabad.