Lakhimpur case: SC denies slow proceedings, monitors indirectly

The Supreme Court said the trial in the Lakhimpur Kheri violence case, in which Union minister Ajay Mishra's son Ashish is an accused, was not "slow" and that the court had "indirect supervision" over the conduct of the case. On October 10, 2021, eight people were killed in Lakhimpur Kheri district of Tikunia after violence broke out when farmers protested against the then Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

Lawyer Prashant Bhushan, representing the victims' families, said about 200 prosecution witnesses needed to be heard and was concerned about the "slow pace of the trial". The court responded that the process was not slow and ordered the judge concerned to keep it informed of future developments in the process. The Supreme Court noted that it does not monitor the process but has "indirect supervision" over it. "The court is not slow. We have received three letters from the trial judge,” the court observed, adding that it had gone through the contents of the letters received from the First Additional District and Sessions Judge, Lakhimpur Kheri.

According to the letters, the Supreme Court said that the examination of three witnesses has ended while the examination of one of them is ongoing. "We do not use the word monitoring, but we have indirect supervision of the process and we will do so," it said, adding: "Let's continue with the same status for some time." On January 25, the Supreme Court granted Ashish Mishra an eight-week interim bail and ordered him to leave Uttar Pradesh within a week of his release from jail. A bench of Justices Surya Kant and JK Maheshwari said the interim order contained in his January 25 order granting Ashish Mishra eight weeks' interim bail in the case would continue to operate.

According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was sitting. After the incident, the angry farmers were allegedly lynched by the SUV driver and two BJP workers. A journalist also died during the violence. During Tuesday's hearing, senior advocate Mukul Rohatgi, appearing for Ashish Mishra, said at the outset that after the January 25 order, his client was released from jail and appeared before the court every day of the hearing.The court said it had received letters from the trial judge and proceedings were continuing and witnesses were being questioned. "The trial court will continue to keep this court informed of future developments in the court proceedings," the court said, sending the matter for hearing in May.

The Supreme Court, while hearing the matter on February 13, said, “In order to ensure smooth conduct of the trial and no obstruction, it is ordered that the accused persons and one family member of each victim/complainant be allowed to participate in the trial along with their respective counsel in both the First Information Reports." In its January 25 order, the apex court exercised its "suo-moto constitutional powers" and ordered the arrest of four accused -- Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh -- in connection with with a separate FIR lodged for the killing the three occupants of the SUV who allegedly mowed down the farmer there will be released on interim bail until further orders.

While granting eight-week interim bail to Ashish Mishra, the court said that any attempt by him, his family or supporters to influence or threaten witnesses, directly or indirectly, would result in cancellation of the interim bail. It said that Ashish Mishra will surrender his passport to the trial court within a week of his release on anticipatory bail and will not enter Uttar Pradesh except to attend court proceedings. The Supreme Court also said that it will inform the trial court of its place of residence and also the relevant police station where it will stay for the duration of the anticipatory bail. "The trial court shall send progress reports to this court after each date of hearing along with details of witnesses examined on each date," the apex court said.

The Lucknow bench of the Allahabad High Court on July 26 last year rejected Ashish Mishra's bail plea. He challenged the High Court order in the Supreme Court. On December 6 last year, a trial court had framed charges against Ashish Mishra and 12 others for alleged offenses of murder, criminal conspiracy and other criminal laws in the death of four protesting farmers in Lakhimpur Kheri, setting the stage for the start. court.