Bhushan referred to the  report of the apex court appointed Special Investigation Team (SIT) which had said that the  attack on the farmers took place at the instance of Ashish Mishra. He also told the court about the three material witnesses being brutally attacked, and the photographs being photoshopped.

“We are aware”, the bench responded.

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Objecting to Bhushan referring to all alleged instances relating to the case, senior advocate Mukul Rohatgi appearing for Ashish Mishra said  the bench should hear the  application for bail. He said that they have photographs and videos showing   people attacking the convoy of cars that accompanied Ashish Mishra.

As Bhushan opposed the bail plea of Ashish Mishra till the time material witnesses were examined by the trial court, the bench asked him whether  he or senior advocate Dushyant Dave would argue for the complainant.

Noting that senior advocate Dushyant Dave is indisposed, the court posted the matter for hearing on January 19, 2023, asking Uttar Pradesh government to tell the court as to how many accused relating to the case were in custody.