SC: Daily trial not possible in Lakhimpur Kheri violence case; says 'supervising' trial

The bench was referring to the request of advocate Prashant Bhushan for a day-to-day hearing in the trial court citing that only three out of 200 prosecution witnesses have been examined so far.

New Delhi:Day-to-day hearing in the 2021 Lakhimpur Kheri violence case may not be possible in the trial court as it may affect other cases pending there, the Supreme Court said on Monday. Union minister Ajay Kumar Mishra's son Ashish is among those facing prosecution named as accused in the case.

The Lakhimpur Kheri case came up for hearing before a bench of Justices Surya Kant and J K Maheshwari. The bench perusing a letter of the trial court written to the apex court observed it appeared that the trial court is dealing with the case sincerely, while referring to a request for a daily hearing.

Advocate Prashant Bhushan who was representing the families of farmers killed in the violence prayed the bench to direct the trial court to have daily hearing in the matter while pointing out only three of around 200 prosecution witnesses have been examined so far. "Day-to-day trial may not be possible... other cases are also pending there. It may affect the pending cases," the bench said, turning down the request.

When Bhushan reminded the bench about cases commonly going for 20 years during trial and many of the witnesses dying in course, the bench retorted by saying, "That is the precise reason that we have kept this matter pending here." Bhushan impressed the top court to tell the trial court to examine at least two prosecution witnesses in a week. The bench replied that the matter is scheduled to be taken up by the trial court on May 5 and posted the case at hand to July 11 for further hearing and the earlier Supreme Court's interim direction will be in vogue.

On Oct 3, 2021, eight people were killed in Lakhimpur Kheri district's Tikunia in a violence that erupted when farmers protested against the then Deputy Chief Minister Keshav Prasad Maurya's visit. Uttar Pradesh Police said four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following the incident, the driver of the SUV and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

During the previous hearing on March 14, the top court had observed that the trial in the case was not "slow paced". However, it directed the sessions judge of the trial court to apprise the apex court about the developments of the trial. The Supreme Court said it was "indirectly supervising" the trial but not monitoring it.

On Jan 25, the top court granted interim bail to Ashish Mishra and four other accused -- Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh -- arrested in connection with a separate FIR lodged over the killing of three occupants of the SUV which allegedly mowed down farmers there.

While granting eight-week interim bail to Ashish, the bench warned him that any attempt by either him, his family or supporters to influence or threaten the witnesses, directly or indirectly, would entail cancellation of the bail. It directed Ashish to surrender his passport to the trial court and not enter Uttar Pradesh except to attend the trial proceedings.

It also directed him to disclose the place of his residence to the trial court and the jurisdictional police station during the period of interim bail. "The trial court shall send progress reports to this court after every date of hearing, along with details of witnesses examined on each date," the bench had said.

On Dec. 6, 2002, the trial court framed charges against Ashish and 12 others. They were charged with offences of murder, criminal conspiracy and penal provisions of the Indian Penal Code and other laws. Thus, it paved way for the start of the trial in the case of death of the four protesting farmers in Lakhimpur Kheri.