NEW DELHI: The proceedings before the trial court in the Lakhimpur Kheri violence case may take about five years to complete, the trial court hearing the case told the Supreme Court on Wednesday.
Hearing a bail plea filed by main accused Ashish Mishra, a bench of Justices Surya Kant and V Ramasubramanian said, “Report says that it will take at least five years. There are 208 witnesses, 117 documents & 27 FSL (Forensic Science Report) reports.”
The bench also asked the UP Government to apprise the court of the particulars of persons who were arrested in the cross FIR registered by Mishra.
“What we need is that how many persons have been arrested in FIR No 220 who are still in custody? Are there 4/5/3 persons? What are their particulars? How many of the are in custody,” Justice Kant asked Senior Advocate Garima Prashad appearing for the state government.
Opposing Mishra’s bail plea against Allahabad HC’s July 26 order refusing him bail, Advocate Prashant Bhushan urged the court to direct the lower court for conducting a trial on a daily basis. He also contended that three witnesses have been attacked “brutally”. Bhushan further suggested directing the lower court to examine material witnesses first.
“Report says that case was fixed for prosecution evidence. A material witness had to be examined but then he was unwell and got fever. These practical difficulties will arise,” Justice Kant said pursuant to Bhushan’s submissions.
The judge further said, “We have something in our mind because ultimately larger issues will have to be kept in mind. Any time lying fixing may cause serious prejudice to other cases.”
Earlier, SC had said, “Question is how long will he be in jail? Victims have a right definitely. The accused have rights & even society has an interest. How to balance all these interests together?”