Lakhimpur Kheri Case : Supreme Court Expresses Disappointment At Non-Examination Of Witnesses, Asks Trial Judge To Ensure Their Presence

The Supreme Court on Friday expressed disappointment over the slow pace of trial in the 2021 Lakhimpur Kheri violence case, particularly the non-production of witnesses for examination over the past two months, and directed the trial court to take lawful measures to secure their presence while also ensuring compliance with the witness protection scheme.

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 relating to the killing of five persons in October 2021 after vehicles allegedly linked to his convoy ran over protesting farmers during the agitation against the farm laws. Mishra is continuing on interim bail pursuant to the earlier orders of the Court.

During the hearing, the State counsel informed the Court that in the first trial concerning the main incident, 44 witnesses had been examined while 15 witnesses had been discharged, leaving 72 more witnesses to be examined. In the second trial, out of 35 witnesses, 26 had already deposed and only nine remained.

Senior Advocate Siddharth Dave, appearing for Ashish Mishra, submitted that no witness had been examined for the last two months despite the issuance of bailable warrants and even non-bailable warrants.

“No witness examined for last 2 months. Bailable warrants issued, even NBWs issued... no one,” Dave told the Court.

The Bench questioned the prosecution regarding the delay. Justice Bagchi asked, “What have you done from March till today?”

The Chief Justice observed that the trial could be concluded within a reasonable time if witness examination was managed efficiently. “Instead of 3-4, you summon 7-8 witnesses. Atleast those who are present can be examined,” the CJI remarked.

Justice Bagchi also referred to the progress report filed earlier and noted that on one occasion, although a witness had appeared, the prosecutor chose to give up the witness, resulting in no reduction in the number of prosecution witnesses to be examined.

Advocate Prashant Bhushan, appearing for the victims in the matter, referred to the status report and alleged that witnesses were being intimidated. “Police threatening witnesses before date... that's why they are not coming,” he submitted before the Court.

The Bench, in its order, recorded displeasure that the status report filed before it did not assign any reason for the non-production of witnesses on previous dates.

“We are disappointed to note that 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 2 months,” the Court said.

The Court directed the presiding judge conducting the trials to “take lawful measures to secure witness presence” in both cases and also ensure compliance with the witness protection scheme. The Bench further directed the trial court to endeavour to conclude both trials in a time-bound manner.

The Court also took note of a third connected trial(relating to alleged intimidation of witnesses) in which the status report stated that although a chargesheet had been filed, the role of one accused was still under investigation. The Bench directed the investigating officer to conclude the probe and file the report before the trial court within four weeks.

During the hearing, Dave pointed out that, according to the prosecution itself, 72 witnesses still remained to be examined even after nearly five years since the incident.

The State counsel responded by assuring the Court that he would speak to the prosecution officer regarding the delays in the trial proceedings.

The case pertains to the killing of eight persons during the Lakhimpur Kheri violence in October 2021. One trial relates to the killing of five persons participating in the farmers' protest, who were allegedly run over by a vehicle linked to Ashish Mishra, followed by gunfire. The second trial concerns the killing of three persons in the ensuing mob violence.

Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022