‘What have you done from March?’: Supreme Court slams delay in Lakhimpur Kheri trial as 72 witnesses yet to be examined
The Supreme Court checked a status report filed by the Uttar Pradesh government on the Lakhimpur Kheri violence trial and noted that the trial court had not examined any witness for about two months.
The Supreme Court had directed Ashish Mishra, former Union minister Ajay Mishra’s son, to stay out of Lakhimpur till the pendency of the trial in the case. (File Photo) The Supreme Court on Friday conveyed its displeasure over the pace of trial in the Lakhimpur Kheri violence case in which former Union minister Ajay Mishra’s son, Ashish, has been accused of running over anti-farm law protesters in 2021, and asked the trial court to take steps to expedite the matter.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, which perused a status report filed by the Uttar Pradesh government, noted that no witness had been examined by the trial court for about two months and that the prosecution had given no reasons for their non-production.
“We are disappointed to note that so-called status report doesn’t assign any reason for non-production of witnesses on previous dates. No witness appears to have been examined for 2 months,” the bench said in its order. The court also asked the trial court to “take lawful measures to secure witness presence”.
Appearing for Ashish, senior advocate Siddharth Dave said no witness had been examined for the last two months, even though bailable and non-bailable warrants were issued. He pointed out that 72 witnesses were still left to be examined.
Justice Bagchi asked the counsel appearing for the state, “What have you done from March till today?”
“Instead of 3-4, you summon 7-8 witnesses. At least those who are present can be examined,” CJI Kant suggested to ensure that the trial can be finished in time.
The state counsel assured to take it up with the prosecution.
Senior Advocate Prashant Bhushan said the witnesses were not appearing because of police intimidation. “Police threatening witnesses before date… that’s why they are not coming,” he said.
Four anti-farm law protesters were killed when a convoy of vehicles, including one belonging to Ajay, ran over them on October 3, 2021. Two BJP workers, the driver of one of the vehicles, and a journalist were killed in the ensuing violence.
The Allahabad High Court initially granted bail to Ashish in the case, but the Supreme Court set aside the order after the family of some of the deceased approached it. The matter was remanded back to the high court, which, after rehearing, dismissed the bail plea.
Subsequently, the Supreme Court granted interim bail to Ashish in the case on January 25, 2023. This was extended from time to time and made absolute on July 22, 2024. The top court had directed Ashish to stay out of Lakhimpur till the pendency of the trial in the case.
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