Lakhimpur Kheri violence: No witnesses examined since March, SC criticises pace of trial

The Supreme Court on Friday, 8 May, expressed disappointment over the non-production of witnesses in the ongoing trial related to the 2021 Lakhimpur Kheri violence case involving Ashish Mishra, son of former Union minister Ajay Mishra.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the status report filed by the Uttar Pradesh government failed to explain why witnesses were not appearing before the trial court. The bench noted that no witnesses had been examined in the past two months.

“We direct the presiding judge to take lawful measures to secure the presence of witnesses,” the court said, while asking the trial court to make efforts to conclude the proceedings in a time-bound manner and submit a fresh status report.

Eight people were killed in the violence at Tikunia in Uttar Pradesh’s Lakhimpur Kheri district on 3 October 2021, during protests against the visit of then deputy chief minister Keshav Prasad Maurya. Four farmers were allegedly run over by an SUV linked to Ashish Mishra. In the violence that followed, two BJP workers, a driver and a journalist were also killed.

The Supreme Court is monitoring trials in two FIRs linked to the violence.

According to the court, in the main case, 44 out of 131 witnesses have been examined, 15 discharged, and 72 are yet to testify. In the second FIR, 26 out of 35 witnesses have been examined, with nine witnesses remaining.

Senior advocate Siddharth Dave, appearing for Ashish Mishra, pointed out that the number of examined witnesses remained unchanged since March.

“What have you done from March till today?” the bench asked the Uttar Pradesh government’s counsel after being informed that only a few witnesses had been summoned during this period.

The bench suggested that trial courts summon more witnesses each day so proceedings are not stalled if some fail to appear. It also questioned how official witnesses could remain absent during the trial.

Advocate Prashant Bhushan, appearing for families of the victims, urged the court to intervene more strongly in view of the pace of the trial.

The bench also reviewed a third FIR registered last year concerning alleged witness intimidation. It noted that a chargesheet had been filed against the main accused in that case, while the alleged role of Ashish Mishra was still under investigation. The investigating officer was directed to complete the probe and file an appropriate report within four weeks.

The matter will next be heard in July.