A bench of Chief Justice of India UU Lalit and Justice Bela M. Trivedi (Supreme Court) rejected the prayer of transfer of a Murder Appeal filed by the Government against the Union Minister Ajay Mishra Teni before the Allahabad High Court to Prayagraj Bench. 

The Bench further requested the Allahabad High Court to hear the appeal for final disposal on 10th Nov 2022 as the date given by the High Court and agreed upon by advocates appearing for both sides. 

An SLP was filed by the Union Minister against an order of transfer passed by the Allahabad High Court. The Bench of Chief Justice of Allahabad High Court dismissed the application of the Minister filed on the ground that the Senior Counsel who is representing him is very old and based in Allahabad and it would not be possible for him to travel all the way to Lucknow for arguments. The Supreme Court directed Mishra to make a request to the High Court to allow the senior advocate to appear through video conferencing if he is not in a condition to move. 

The appeal pending before the High Court is related to the murder of Student Leader Prabhat Gupta who was shot dead near his house in 2000. 3 persons including Mishra were named in the FIR but he was acquitted in 2004 by the Trial court and the Government of Uttar Pradesh filed an appeal against the judgment of the Trial Court.

The appeal was heard by another bench of the High Court in 2018 and judgment was reserved, however, the judgment was not delivered for six months and the complainant filed an application for the release of the case and the matter was ordered to be listed for final disposal for hearing. 

Case Details:-

Writ Petition(s)(Criminal) No(s). 2/2022

and SLP(Crl.) No(s).9187/2022

RAJEEV GUPTA Petitioner(s)
 VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)

Read the Complete order on the following link:-

https://main.sci.gov.in/supremecourt/2021/31744/31744_2021_1_13_39193_Order_21-Oct-2022.pdf