Lakhimpur Kheri case: No attack on witness, altercation was over Holi colours, UP govt tells SC

The state government’s response came after the witness, Diljot Singh, lodged a First Information Report (FIR) and said the attackers threatened him saying that “Respondent No. I (Ashish Mishra) is out on bail and the ruling party has also won the election and that they will see to him.”

However, the state government said in an affidavit filed in the top court that during the course of the investigation, the witness’ “Gunner Manoj Singh (assigned to protect him as per this Hon’ble Court’s Orders)…as well as 3 independent eyewitnesses to the incident were examined, and all 4 persons stated that the incident occurred suddenly due to an altercation” between the witness “and the attacker party over the throwing of Gulal on him”.

It added, “As per the Section 161, statements of the said eyewitnesses, on 10.03.2022, at around 8.15 pm, the witness came towards the Primary School near Danga, on a tractor-trolley laden with sugarcane. His police gunner Manoj Singh was with him at the time. At that time, some people were playing with Holi Gulal near the school and threw the Gulal on Diljot Singh as well. When Diljot Singh objected to the same, an altercation broke out between him and the others, in which one of the miscreants hit him with a belt and others kicked and punched him”.

The state filed the affidavit in response to a petition by the relatives of some of the victims of the Lakhimpur Kheri violence in October last year. The petitioners sought cancellation of the bail given by the Allahabad High Court to the main accused Ashish Mishra, son of Ajay Mishra.

The state also said in its affidavit, “The families of all the victims…and all the witnesses whose Section 164 statements were recorded, have been receiving continuous security under the Witness Protection Scheme 2018”.

Eight people, including four farmers, were killed when a convoy of vehicles, including one belonging to Union Minister of State Ajay Mishra, ran over them on October 3, 2021. Two BJP workers, the driver of one of the vehicles, and a journalist were also killed in the ensuing violence.