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Two years on, just 4 of 201 witnesses have deposed in Lakhimpur Kheri trial
The trial of the Lakhimpur Kheri incident, where 8 people were killed during a protest in 2021, is progressing slowly with only four witnesses recorded so far.
On October 3, 2021, the death of eight people during a protest against three now-repealed farm laws in Uttar Pradesh’s Lakhimpur Kheri district ignited a nationwide firestorm. With assembly elections to India’s most-populous province just months away, the deaths of four farmers and a local journalist (three other people were killed by the mob) after a car owned by Union minister of state for home Ajay Kumar Mishra “Teni” mowed them down had sparked a political war and outrage, prompting the Supreme Court to monitor the investigation.
The minister’s son, Ashish Mishra, was named as a key accused in the main case related to the incident — there’s a second case connected to the three other people who were killed — and spentover a year in jail.
Two years on, however, the national focus has melted away and the high-profile trial in the case is trundling along in the premises of the local court. Only four out of the 171 prosecution witnesses in the case have recorded their statements before additional district judge Sunil Kumar Varma, who began hearing the case on January 12.
The defence has submitted a list of about 30 witnesses.
Jagjit Singh, the father of one of the farmers, Gurvinder Singh, killed in 2021, was the first witness from the prosecution’s side to appear before the court that day. Since then,three other witnesses have deposed before the court, while the testimony of fifth witness is going on.
Ashish Mishra and 13 others are facing charges of murder, rioting, and criminal conspiracy under sections 302 (murder), 307 (attempt to murder), 147 (rioting), 148 (rioting, armed with deadly weapons), 149 (unlawful assembly), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief causing damage), 120B (criminal conspiracy) of the Indian Penal Code (IPC), apart from section 177 of the Motor Vehicles Act.
The case is being listed for hearing once in every 8-10 days, said advocate Suresh Singh, who is representing the farmers in court.
“The trial began on January 12 this year, as a large number of discharge applications came up before the court from both prosecution and defence,” he said. “It is likely to take four to five years to complete the trial in the case.”
“Trial is going on at its pace. Witnesses are appearing before the court to record their statements. We are confident of winning the case,” said advocate Ashish Tripathi, district government counsel, Lakhimpur Kheri.
Several public servants posted in Lakhimpur Kheri in 2021 are among the witnesses in the case. The district magistrate, subdivisional magistrate, additional district magistrate, superintendent of police, additional superintendent of police and sub-inspector are all in the list of witnesses, said advocate Suresh Singh, appearing on behalf of farmers.
During the course of the trial, summons are issued to witnesses to appear on a particular date, but there is no guarantee that the witness will appear. In such a scenario, notice is issued again and a new date is fixed.
After the violence, two FIRs were lodged– one on the death of the four farmers and the journalist, and the other where two people in the car and the driver were killed by the mob. In the first – where Ashish Mishra is the main accused – all 14 accused are out on bail.
In the second case, where four farmers are accused, 10 witnesses have appeared before the court. The trial in the second case began in January 2023.
Experts hinted that the trial was likely to take years. “In cases like the Lakhimpur Kheri incident where large number of witnesses have to record their statements in court it takes several years for the trial to complete,” said advocate GS Chauhan, Lucknow high court.
But for the kin of the victims still awaiting justice, it has been an anxious wait. The developments have only exacerbated concern that the trial will drag on. “Justice delayed is justice denied. We want the trial to be expedited. If it goes on at this pace, it will take several years to conclude,” he said.
For Singh, who deposed before the local court for three days this January, every day is a grating reminder of the loss his family suffered. Yet, he is determined to fight it out. “No one knows when the trial will get over and when the judgment will be delivered. But we will not give up even if the case drags on for years ,” he said. “I won’t rest till the guilty are punished.”
