Supreme Court pulls up delay in Lakhimpur Kheri case trial asks court to ensure witness presence
The Supreme Court on Friday expressed strong displeasure over the slow pace of the trial in the 2021 Lakhimpur Kheri violence case and directed the trial court to take lawful measures to ensure the presence of witnesses.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the bail plea of Ashish Mishra, son of former Union Minister Ajay Mishra, who is accused in the case linked to the killing of farmers during protests against the now-repealed farm laws.
The apex court noted with concern that no witness had been examined in the matter for nearly two months despite the issuance of bailable and non-bailable warrants.
Senior advocate Siddharth Dave, appearing for Ashish Mishra, informed the court that witnesses were not appearing despite repeated summons.
“No witness examined for last two months. Bailable warrants issued, even non-bailable warrants issued,” Dave submitted before the bench.
Questioning the prosecution over the delay, Justice Joymalya Bagchi asked, “What have you done from March till today?”
Chief Justice Surya Kant observed that the trial could progress faster if witness examination was handled more efficiently.
“Instead of summoning three or four witnesses, summon seven or eight. At least those who are present can be examined,” the Chief Justice remarked.
The court was informed that in the primary trial linked to the alleged mowing down of protesting farmers, 44 witnesses had been examined while 72 witnesses still remained.
In the connected trial related to subsequent mob violence, 26 out of 35 witnesses had already deposed.
The bench also took note of allegations raised by advocate Prashant Bhushan, appearing for the victims, who claimed that witnesses were being intimidated before court hearings.
“Police threatening witnesses before date, that’s why they are not coming,” Bhushan alleged.
Recording its dissatisfaction, the Supreme Court observed that the status report submitted before it failed to provide any explanation for the repeated non-production of witnesses.
“We are disappointed to note that the so-called status report doesn’t assign any reason for non-production of witnesses on previous dates. No witness appears to have been examined for two months,” the court stated.
The bench directed the presiding trial judge to take all lawful steps necessary to secure witness attendance and ensure proper implementation of the witness protection scheme.
The Supreme Court further instructed the trial court to make efforts to conclude both trials in a time-bound manner.
The court also reviewed a third connected case related to alleged intimidation of witnesses and directed the investigating officer to complete the pending probe and file a report before the trial court within four weeks.
The Lakhimpur Kheri violence case relates to the October 2021 incident in which eight people were killed during protests against the farm laws in Uttar Pradesh.
One trial concerns allegations that vehicles linked to Ashish Mishra’s convoy ran over protesting farmers, followed by firing, leading to the deaths of five people. The second trial pertains to the killing of three persons during the violence that followed.
