The Supreme Court on Friday expressed disappointment about the slow pace of the trial in the 2021 Lakhimpur Kheri violence case in which Ashish Mishra, the son of former Union minister Ajay Mishra, is an accused, reported Live Law.
No witnesses have been examined in the past two months, said a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, adding that no reason had been given for this.
“We direct the presiding judge to take lawful measures to secure the presence of witnesses,” PTI quoted the bench as saying. It asked the trial judge to conclude the proceedings in a time-bound manner and also file a status report before it.
The case pertains to the death of eight persons, including four farmers, on October 3, 2021, as violence had broken out after a vehicle belonging to Ashish Mishra had allegedly run over a group of demonstrators.
The violence had broken out in Lakhimpur Kheri district during a protest against the Centre’s now-repealed agricultural laws.
Ashish Mishra was arrested in the case on October 9, 2021. He is out on interim bail pursuant to the earlier orders of the Supreme Court.
Currently, the trials in two cases related to the incident are going on before a court in Uttar Pradesh.
While the first trial is related to the killing of the protesters, the second pertains to the killing of three other persons in the ensuing mob violence.
On Friday, the Supreme Court was hearing a petition for bail filed by Ashish Mishra, Live Law reported.
The counsel for the Uttar Pradesh government told the bench that 44 witnesses had been examined, while 15 others had been discharged in the first trial. The counsel added that 72 more witnesses had to be examined.
Out of 35 witnesses in the second trial, 26 had already deposed. Only nine remained, the counsel added.
Advocate Siddharth Dave, representing Ashish Mishra, said that no witness had been examined for the past two months despite bailable and non-bailable warrants being issued, the legal news portal reported.
In response, Bagchi asked the prosecution: “What have you done from March till today?”
The trial could be concluded within a reasonable time if witness examination was managed efficiently, the bench added.
“Instead of three to four, you summon seven to eight witnesses,” Live Law quoted the chief justice as saying. “At least those who are present can be examined.”
Advocate Prashant Bhushan, appearing for the victims, alleged that witnesses were being intimidated. He claimed that the police were “threatening witnesses before date... that’s why they are not coming”.
Edited by Sneha
Just 0.2% of readers pay for news. The others don’t care if it dies. You can help make a difference. Support independent journalism – join Scroll now.
We’re not driven by clicks or corporate interests – just honest, independent reporting. Keep us going. Support Scroll today!