The Supreme Court on Monday heard the bail-related proceedings of Ashish Mishra, son of former Union Minister Ajay Mishra Teni, in the Lakhimpur Kheri violence case and allowed him permission to visit his hometown to celebrate Diwali with his family and close relatives till November 16.

A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was seized of the matter arising from the October 3, 2021 incident in which five persons, including four farmers and a journalist, were killed after vehicles allegedly linked to Mishra's convoy ran over protesting farmers in Lakhimpur Kheri, Uttar Pradesh. The farmers were agitating against the now-repealed farm laws.

The Court had earlier granted him bail subject to the condition that he not enter Lakhimpur Kheri except to appear in the trial. The condition was later relaxed to permit him to visit his hometown on weekends. Though bail was confirmed, the Court kept the matter pending to monitor the progress of the trial.

During today's hearing, Advocate Prashant Bhushan, appearing for the victims' side, expressed satisfaction with recent development regarding the transfer of the trial judge, on whom they had expressed a lack of confidence.

Senior Advocate Siddharth Dave, appearing for Ashish Mishra, submitted that the transfer was a routine administrative exercise and not based on any suspicion or adverse finding against the judge.

Chief Justice Surya Kant clarified that the Court was not casting any aspersions on anyone. “We are not saying anything against anyone. Whatever correctional measures the High Court has taken, good enough,” the CJI observed. The Court had earlier directed the Allahabad High Court to take appropriate action on the report of the HC vigilance regarding the trial judge.

Bhushan added that while the judge has currently only been transferred, further action could still follow. The Chief Justice, however, focused on the need for expeditious yet balanced progress of the trial.

Advocate Ruchira Goel, the Standing Counsel for the State of Uttar Pradesh, informed the bench that a Special Public Prosecutor (SPP) has been appointed in the case. Out of a total of 131 witnesses, 90 have already been examined, leaving 41 witnesses remaining.

Responding to concerns about the pace of the trial, Chief Justice Surya Kant underscored the need for equilibrium:

“Let the trial be timely concluded. There should not be a tearing hurry, but there also should not be prolonged delay. Balance has to be maintained by the prosecution.”

Senior Advocate Siddharth Dave requested the Court to allow Ashish Mishra to visit Lakhimpur Kheri for one week to celebrate Diwali with his family. He pointed out that the Court had permitted him similar relaxations on the occasions of earlier festivals.

The Supreme Court allowed the request. In its order, the bench recorded:

“The petitioner is permitted to visit his hometown in Lakhimpur Kheri to celebrate the coming Diwali festival with family and close relatives, subject to the conditions imposed earlier. He shall return on 16th.”

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