Former Union Minister Ajay Mishra Teni's son, Ashish Mishra, who is one of the accused in the 2021 Lakhimpur violence case, will celebrate this year's Diwali with his family in his hometown after the Supreme Court permitted him to visit Lakhimpur Kheri, while maintaining that Ashish would remain subject to the conditions imposed earlier.
According to news agency PTI, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana noted that the trial in the case must be completed on time without being rushed.
“There should not be tearing hurry but there also should not be prolonged delay. Balance has to be maintained by prosecution,” the bench said.
Supreme Court permits hometown visit
Ashish Mishra is currently out on bail in the case, although he was barred from entering Lakhimpur Kheri. Mishra, through his advocate, had sought the court's permission to visit his hometown.
The apex court asked him to return on October 16 while allowing him to visit his hometown in Lakhimpur Kheri to celebrate the coming Diwali festival with family and close relatives.
Background of Lakhimpur violence case
The case stems from the violence that erupted in Tikunia, Uttar Pradesh’s Lakhimpur Kheri district, on October 3, 2021, when eight people, including four farmers, were killed amid protests against the visit of then Deputy Chief Minister Keshav Prasad Maurya.
The four farmers were allegedly mowed down by an SUV. Subsequently, an angry mob of farmers allegedly lynched the vehicle’s driver and two BJP workers. A journalist was also killed in the violence.
Trial progress and judicial changes
The Uttar Pradesh government’s counsel informed the Supreme Court bench that the Allahabad High Court had transferred the trial court judge handling the case. The bench was also told that a new special public prosecutor had been appointed and that 90 of the 131 witnesses had been examined, PTI reported.
Advocate Prashant Bhushan, representing the victims, said they were satisfied with the developments in the case.
Lokesh Rai assumed charge as Lakhimpur Kheri’s District and Sessions Judge on October 14, replacing Shiv Kumar Singh, who had been presiding over the trial.
On October 5, the Supreme Court had directed the Allahabad High Court Chief Justice to promptly look into allegations that the presiding officer had transferred several cases to himself and acquitted the accused.
The state government appointed government advocate Kapil Katiyar as the special public prosecutor, replacing Prabhakar Brahm Mishra, who had been serving as the additional district government counsel.
Bail conditions remain in force
On August 6, the Supreme Court declined to further ease the bail conditions imposed on Ashish Mishra, the prime accused in the case. In December 2023, the trial court framed charges, including murder and criminal conspiracy, against Mishra and 12 others, paving the way for the trial to proceed.
The Supreme Court has now allowed Mishra to visit Lakhimpur Kheri during Diwali, subject to the existing bail conditions. It also stressed the need for a balanced approach to ensure that the trial is neither expedited unnecessarily nor delayed without justification.
