The trial in the October 2021 Lakhimpur Kheri violence case, in which Ashish Mishra, son of former Union Minister of State for Home Ajay Mishra 'Teni', is the prime accused, will now be heard by a new district judge.

This development comes within a month of the Supreme Court directing the Allahabad High Court to examine concerns raised by the victims' families regarding the trial judge's conduct and to take remedial action.

Judicial Officer Lokesh Rai has taken over as the District and Sessions Judge of Lakhimpur Kheri, replacing Shiv Kumar Singh, who was presiding over the trial. Rai was appointed to the post on October 14.

Earlier on September 22, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana had directed the Registry to forward the application to the High Court, asking it to examine the matter and take appropriate remedial action.

The High Court was also asked to submit a report to the Supreme Court in a sealed cover regarding the action taken.

In another significant development in the trial, the Uttar Pradesh government has appointed advocate Kapil Katiyar as the Special Public Prosecutor, replacing Prabhakar Brahm Mishra, who was holding charge as Additional District Government Counsel.

The case pertains to the killing of 8 persons in October 2021, after vehicles allegedly linked to Mishra's convoy ran over 4 protesting farmers during the agitation against the farm laws. Mishra is the son of former Union Minister Ajay Mishra.

Briefly put, during the September 22 hearing, Advocate Prashant Bhushan, appearing for the victims' families, argued that the trial judge/Presiding Officer's conduct was "shocking".

Bhushan took exception to the Judge issuing a non-bailable warrant against a witness who was ill. Bhushan further contended that the Judge's conduct in other cases raised questions, as he was acquitting accused after withdrawing cases from other courts to himself.

"Some disturbing events have taken place. Judge who is currently dealing with it...what he has done is quite shocking. He has withdrawn NDPS, SC/ST cases to himself and granted bail...acquitted people in matters which were at fag end of trial. In this case, he first issues non-bailable warrants to an eye- witness. He has ridden absolutely roughshod over this case! Not just this case. So many cases. Illness slip had been given, with doctor's certificate. Enquiry now initiated against this judge. Police went to this witness, then he said excuse me, I don't want to appear," Bhushan had submitted.

Bhushan also alleged that the trial judge had withdrawn certain cases, including NDPS and SC/ST matters, to himself and had acquitted accused in cases that were at an advanced stage of trial.

He further alleged that the site plan relevant to the case had 'disappeared' from the court record.

The Supreme Court did not itself pass any directions and instead, it referred the allegations to the Allahabad High Court, observing that the High Court was the appropriate authority to examine concerns about the judicial officer and take appropriate remedial action.

Thereafter, on October 5, the Supreme Court further directed that a vigilance report concerning the trial judge in the Lakhimpur Kheri violence case be placed before the Chief Justice of the Allahabad High Court for an appropriate decision.

On the same day, the Uttar Pradesh government informed the Court that a new prosecutor had been proposed and recommended.

Advocate Ruchira Goel for the State had said that the proposed prosecutor has 16 years of experience, had served as a District Government Counsel and has exclusive criminal law experience.

At the September hearing, Bhushan expressed concern over replacing the earlier prosecutor, alleging that the new prosecutor lacked sufficient experience. He also argued that some crucial witnesses had been given up during the trial.

The Supreme Court had then asked the State to ensure that a senior prosecutor was assigned to the case. The appointment of Katiyar is another change in the conduct of the trial following the Court's intervention.

Background

The case arises from the violence that took place in Tikunia, Lakhimpur Kheri, on October 3, 2021, during a farmers' protest against the now-repealed farm laws.

4 farmers and a journalist were among the eight people killed in the incident. The prosecution case concerns vehicles allegedly linked to the convoy of former Union Minister Ajay Mishra running over protesting farmers, followed by violence in which three other people were killed.

Ashish Mishra, the former Union Minister's son, is the prime accused in the case.

In November, 2024, the Court also sought Mishra's response on allegations of threatening witnesses in the case. In January 2025, it directed Superintendent of Police, Lakhimpur to conduct a fact-finding inquiry into the allegations. In August, the Court directed Uttar Pradesh police to verify allegations and take necessary action on the witness intimidation complaint.

The UP police registered an FIR but found no evidence to suggest that Mishra was involved in the alleged witness intimidation.

In May this year, the Court expressed disappointment over the slow pace of trial in the case, particularly the non-production of witnesses for examination over two months, and directed the trial court to take lawful measures to secure their presence while also ensuring compliance with the witness protection scheme.