NEW DELHI: In a significant development in the Lakhimpur Kheri killings case, the Supreme Court on Monday allowed prime accused Ashish Mishra to travel to Lucknow district to celebrate Diwali with his family, under certain conditions laid down in its March 24, 2025 order.
The bench headed by Chief Justice of India (CJI) Surya Kant made it clear that the indulgence cannot become an excuse for trial delay. The top court observed that the prosecution bears the responsibility to produce witnesses and ensure the trial reaches its logical conclusion without undue haste in cross-examination and without omission of material evidence.
The case stems from the October 3, 2021, violence at Tikunia in Lakhimpur Kheri, where eight people, including four farmers, were killed during a protest against Deputy Chief Minister Keshav Prasad Maurya's visit. The farmers were protesting against the Centre's now-repealed farm laws when the incident occurred.
Senior advocate Siddharth Dave, appearing for Mishra, told the court that trial has progressed substantially, with 90 of 131 witnesses examined and a Special Public Prosecutor appointed to conduct the case. Advocate Prashant Bhushan acknowledged the development.
The Court also took note of concerns over the trial judge. The allegation that the judge issued a non-bailable warrant against an ailing eyewitness had triggered a demand for his transfer. On Monday, the counsel for Allahabad High Court said the transfer was a routine administrative exercise. The Bench was informed that pursuant to its October 5 direction, the vigilance report against the judge has been placed before the Chief Justice of the Allahabad High Court and is now before the administrative committee for appropriate decision.
The apex court is also monitoring the compliance of its direction to the Uttar Pradesh government to appoint a new public prosecutor to conduct the trial, after victims' families alleged bias.
As per the prosecution, a Thar SUV belonging to Union Minister Ajay Mishra's convoy ran over farmers, triggering violence. Ashish Mishra alias Monu, son of the minister, is the main accused and is currently on bail and facing trial in the case.
The top court had taken suo motu cognizance in 2021 and has been monitoring the probe and trial. Dissatisfied with the initial investigation, it had appointed retired High Court judge Justice Rakesh Kumar Jain to monitor the SIT probe.
In its October 5 hearing, the apex court noted a written complaint alleging that the presiding judge had acted beyond jurisdiction and had transferred cases to his own court to acquit the accused, casting a shadow over judicial integrity.
It asked the Allahabad High Court Chief Justice to examine the complaint administratively and take suitable action without delay.
The court was also hearing pleas seeking ensuring fair trial and protection of victims' rights. It also questioned the delay in trial. The UP government was earlier told to appoint new prosecutor after the court observed that the victims had no confidence in earlier one.
