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SC ‘disappointed’ over slow pace of trial in 2021 Lakhimpur case
The Supreme Court expressed disappointment over the delay in witness production in the Lakhimpur violence case against Ashish Mishra, seeking a status report.
The Supreme Court on Friday expressed disappointment over the non-production of witnesses in the ongoing trial against Ashish Mishra, son of former Union minister Ajay Mishra, and others in the 2021 Lakhimpur violence case, and sought a status report from the presiding trial judge over the delay.
“We are disappointed to note that the so-called status report of the Uttar Pradesh government does not assign any reason for non-production of witnesses as no witnesses have been examined in the last two months,” said a bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi.
The court referred to an affidavit presented by advocate Ruchira Goel representing the UP government which said that in the main case against Ashish Mishra, out of 131 witnesses, 44 have been examined, 15 have been discharged and 72 are still to be produced.
The court noted that the state’s earlier affidavit of March 9 indicated the same position of 44 witnesses being examined. “These are your official witnesses. There is no reason for their absence. In the interregnum (March 9 to May 4), was evidence recorded? What have you done from March till today?” the bench asked the counsel appearing for Uttar Pradesh.
Senior advocate Siddharth Dave appearing for Mishra told the court that the witnesses are not turning up despite bailable warrants being issued by the trial judge to secure their presence. The court said that in such a situation, it is open for the trial courts to summon more witnesses on a single day to avoid a situation where a witness fails to turn up.
Advocate Prashant Bhushan, representing the victims, said that the situation on the ground is “disturbing” as they have information that state police is visiting the witnesses a day before they have to depose pursuant to which they fail to turn up. He agreed to state these facts in his response to the UP affidavit. Last year, Bhushan had produced an audio clip to show how a person allegedly at the behest of the main accused was threatening a key witness in the case.
Goel told the court that the main accused who issued the threat has been arrested. However, investigation is still on to ascertain Mishra’s role. Bhushan said the “delay is unacceptable” as the complicity of the petitioner (Mishra) was the fulcrum of their allegation as one of his bail conditions required that no person, directly or indirectly linked to the accused, will contact witnesses. Responding to this, the court said, “If we make harsh observations, it will affect the trial,” as it directed investigation in this regard to be concluded at the earliest.
The investigating officer was further asked to file a status report before the court in four weeks.
It further directed the trial judge to ensure full compliance of the witness protection system and make an endeavour to conclude the trials in a timebound manner in the main case along with a cross-case in which the farmers retaliated and killed three persons allegedly involved in mowing down the protestors.
“We direct the presiding judge to take lawful measures to secure the presence of witnesses,” the bench said. The matter has been scheduled for next hearing in July.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.
Mishra was arrested within six days of the incident. Subsequently, a chargesheet was filed which claimed the killings were pre-planned as Mishra arrived in a sports utility vehicle along with a convoy of 3 to 4 vehicles at the site where the farmers were protesting. He is currently out on bail.
A separate criminal case in this regard was registered by police against four farmers who, too, are out on bail. In this case, 26 witnesses have deposed while nine are yet to be examined.
