SC asks Allahabad HC chief justice to act on allegations against Lakhimpur Kheri case judge

The Supreme Court on Monday directed the chief justice of the Allahabad High Court to take expeditious action over allegations concerning the presiding officer handling the 2021 Lakhimpur Kheri violence case. The allegations relate to the judge transferring several cases to himself and acquitting the accused.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana also directed the Uttar Pradesh government to appoint a new public prosecutor at the earliest to conduct the trial in the case.

The top court had on September 22 taken note of submissions made by lawyer Prashant Bhushan, who was appearing for the victims. Bhushan had alleged that the conduct of the presiding officer was objectionable, claiming that he had transferred several criminal cases to himself and subsequently acquitted the accused.

The bench had then directed the chief justice of the Allahabad High Court to examine the allegations, take remedial action and submit a report in a sealed cover.

During Monday's hearing, senior advocate Rakesh Dwivedi, representing the high court registry, informed the bench that an administrative committee would have to be constituted to examine the allegations against the judge.

"The chief justice of the high court should take an appropriate action as per para three of our order dated September 22, 2026," the bench said.

In its September 22 order, the Supreme Court had said, "The Registrar (Vigilance) of the High Court shall forward a report to this Court in a sealed cover, indicating the action that may be taken by the Hon'ble Chief Justice of the High Court."

Senior advocate Siddharth Dave, appearing for accused Ashish Mishra, who had approached the Supreme Court seeking bail, opposed the allegations raised by Bhushan. He said Bhushan had objections against everyone connected with the case, including the trial judge, public prosecutor and the accused.

Dave also told the court that the judge had examined 86 witnesses out of more than 130 witnesses in the main case.

The bench clarified that it was not expressing any view on the allegations or the counter-submissions and scheduled the plea for hearing after two weeks.

Earlier, Bhushan had alleged that the presiding officer issued a non-bailable warrant against his client after he failed to appear before the court to give evidence because of illness.

"The conduct of the presiding officer will shock the conscience of the court. The presiding officer withdrew to himself NDPS, SC/ST cases and granted the accused bail or acquitted them. Under the law, he cannot withdraw to himself," Bhushan had contended.

He also alleged that the public prosecutor handling the case was replaced midway through the proceedings and that the newly appointed prosecutor had only four months of experience.

On August 6, the Supreme Court had declined to further ease the bail conditions imposed on Mishra, the prime accused in the case.

The violence took place on October 3, 2021, in Tikunia in Uttar Pradesh's Lakhimpur Kheri district during a farmers' protest against the visit of Deputy Chief Minister Keshav Prasad Maurya to the area. Eight people, including four farmers, were killed.

Four farmers were allegedly run over by an SUV. Angry farmers subsequently allegedly lynched a driver and two BJP workers. A journalist also died in the violence.

In December 2023, the trial court framed charges against Mishra and 12 others in the main case. The charges included murder, criminal conspiracy and other offences, clearing the way for the trial to begin.  (with inputs from PTI)