New Delhi: The trial in the 2021 Lakhimpur Kheri violence, in which Union Minister of State Ajay Mishra's son Ashish is among those facing prosecution, is “not slow paced”, the Supreme Court said on Tuesday and directed the sessions judge concerned to keep it posted about the developments.
The top court is not monitoring the trial but has an “indirect supervision” on it, said a bench of Justices Surya Kant and JK Maheshwari. The interim directions in its January 25 order granting eight-week interim bail to Ashish Mishra shall continue to operate, it said.
October 3, 2021 Lakhimpur Kheri case
On October 3, 2021, eight people were killed in Lakhimpur Kheri district’s Tikunia after violence erupted when farmers were protesting against then Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. Four farmers were mowed down by an SUV in which Ashish Mishra was seated, according to the FIR lodged by Uttar Pradesh Police. The driver of the SUV and two Bharatiya Janata Party workers were allegedly lynched by farmers. A journalist also died in the violence.
“The trial is not slow paced. We have received three letters from the trial judge,” the bench observed on Tuesday, while responding to a submission by advocate Prashant Bhushan, representing the families of the victims, that he was concerned about the slow pace of the trial as only about 200 prosecution witnesses had been examined so far.
The bench said it had gone through the contents of the letters received from the First Additional District and Sessions Judge, Lakhimpur Kheri.
"We are not using the word monitoring but we are having indirect supervision on the trial and we will do that. Let us continue with the same status for some more time,” the bench said.
During the hearing on Tuesday, senior advocate Mukul Rohatgi, appearing for Ashish Mishra, told the bench that his client was released from jail after the January 25 order and has appeared before the trial court on every date of hearing.
“The trial court shall continue to apprise this court of the future developments of the trial,” the bench said and posted the matter for hearing in May.
While hearing the matter on February 13, the apex court had said, "With a view to ensure that trial proceedings can run smoothly and no impediment is caused by anyone, it is directed that the accused persons and one family member of each victim/complainant shall be permitted to attend the court proceedings along with their respective counsels in both the First Information Reports.”
In its January 25 order, the top court had exercised its "suo-moto constitutional powers" and directed that four accused, Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh, who were arrested in connection with a separate FIR lodged over the alleged killing of three occupants of the SUV that allegedly mowed down farmers there, be released on interim bail till further orders.
While granting eight-week interim bail to Ashish Mishra, the bench said any attempt by him, his family or supporters to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of interim bail.
Ashish Mishra shall surrender his passport to the trial court within one week of his release on interim bail and not enter Uttar Pradesh except to attend trial proceedings, it said.
The apex court also said he shall disclose the place of his residence to the trial court as well as the jurisdictional police station where he would stay during the period of interim bail.
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