Lakhimpur Kheri Violence Case: Supreme Court Expresses Dissatisfaction Over Witness Delay, Orders Lawful Measures For Immediate Attendance

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The Supreme Court of India expressed concern over delays in the 2021 Lakhimpur Kheri violence trial, directing lawful measures to secure witnesses’ presence after noting the Uttar Pradesh government failed to explain their non-production before the trial court for nearly two months.

The Supreme Court voiced serious concern over the slow pace of the trial in the 2021 Lakhimpur Kheri violence case, particularly the failure to ensure the presence of witnesses in court. The matter relates to the violence that erupted in Uttar Pradesh’s Lakhimpur Kheri district during a farmers’ protest, in which eight people lost their lives, including four farmers, a journalist, and three others by Ashish Mishra, son of former Union minister Ajay Mishra.

A Bench comprising CJI Surya Kant and Justice Joymalya Bagchi observed that the status report submitted by the Uttar Pradesh government failed to explain why witnesses had not been produced before the trial court for nearly two months.

Court directed,

“We direct the presiding judge to take lawful measures to secure the presence of witnesses,” the Bench stated while expressing dissatisfaction with the delay in recording evidence.

The Court further directed the trial judge to make every effort to conclude the proceedings within a reasonable time frame and asked for a fresh status report to be submitted before the apex court regarding the progress of the trial.

The Supreme Court was hearing matters connected to the Lakhimpur Kheri violence case, which has remained under close judicial scrutiny since 2021 due to its political sensitivity and the gravity of the allegations involved.

Background Details:

The Lakhimpur Kheri violence case relates to a major incident that occurred on October 3, 2021, in Tikunia village of Lakhimpur Kheri during the nationwide farmers’ protests against the three central farm laws. Farmers had gathered to protest the visit of then Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya. During the protest, a convoy of vehicles allegedly linked to then Union Minister Ajay Mishra passed through the area, leading to a violent incident that shocked the country.

According to the prosecution, one of the SUVs in the convoy rammed into protesting farmers from behind at high speed. The collision killed several people on the spot and triggered chaos and violent clashes between protesters and BJP workers accompanying the convoy. Videos of the incident quickly spread across social media, showing vehicles running through the crowd, which led to widespread outrage and political controversy across India.

A total of eight people lost their lives in the violence. Among the deceased were four farmers, journalist Raman Kashyap, two BJP workers, and one driver. Several others were injured during the clashes. Farmers’ organisations alleged that the act was intentional and described it as an attack on peaceful protesters, while the accused denied the allegations.

The main accused in the case is Ashish Mishra, son of Ajay Mishra. Witnesses and protesting farmers claimed that Ashish Mishra was present in the convoy during the incident. An FIR was registered against him and several others under serious offences including murder, criminal conspiracy, attempt to murder, and rioting. Ashish Mishra denied being at the spot and claimed he was attending another event at the time of the violence.

The investigation was initially conducted by the Uttar Pradesh Police, but criticism soon emerged regarding delays and alleged bias in the probe. Due to public pressure and concerns raised by victims’ families and farmer groups, the matter reached the Supreme Court of India. The Supreme Court closely monitored the investigation and criticised the State government for slow progress in the case. It later directed that the investigation be handled more independently and transparently.

A Special Investigation Team (SIT) was constituted to probe the matter. During the investigation, the SIT reportedly informed the court that the incident appeared to be a “planned conspiracy” rather than an act caused by negligence or reckless driving. Based on the evidence collected, including witness statements and forensic material, Ashish Mishra was arrested on October 9, 2021, after several hours of questioning by the SIT.

The case also witnessed significant legal developments regarding bail. In 2022, the Allahabad High Court granted bail to Ashish Mishra. However, the Supreme Court later cancelled the bail, observing that the High Court had failed to properly consider crucial evidence and the concerns of victims’ families. Subsequently, the Supreme Court granted him interim bail under strict conditions, and later his bail was made absolute while continuing certain restrictions.

The trial in the case is still continuing before the trial court. More than two hundred witnesses were listed by the prosecution, and the Supreme Court has repeatedly directed the authorities to ensure speedy proceedings. The Court has also expressed concern over delays in examining witnesses and allegations that some witnesses were threatened or influenced during the course of the trial.

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