The Supreme Court has permitted Ashish Mishra, son of former Union minister Ajay Mishra and the prime accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown for Diwali despite the restrictions imposed on him as part of his bail conditions.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana granted the permission on Monday while making it clear that Mishra must comply with the conditions imposed earlier.
The Court also addressed the progress of the criminal trial, emphasising that the prosecution must ensure its timely completion without rushing the proceedings.
The bench observed that the prosecution must maintain a balance between avoiding undue delay and ensuring that the trial is not hurried.
Permission Granted on Mishra’s Request
Senior advocate Siddharth Dave, representing Mishra, sought permission for his client to travel to Lakhimpur Kheri to celebrate Diwali with his family and close relatives.
Although Mishra is currently on bail, he had been prohibited from entering Lakhimpur Kheri under the existing restrictions.
Accepting the request, the Supreme Court allowed him to visit his hometown for the festival, subject to the previously imposed conditions. The order also directed him to return on October 16.
The Court had earlier, on August 6, declined to grant further relaxation of Mishra’s bail conditions.
90 of 131 Witnesses Examined in Trial
During the hearing, counsel for the Uttar Pradesh government informed the Supreme Court about changes in the judicial officer and prosecution team handling the case.
The bench was told that 90 of the 131 witnesses had already been examined.
The state government also informed the Court that the Allahabad High Court had transferred the judicial officer previously handling the trial.
Judicial officer Lokesh Rai assumed charge as District and Sessions Judge of Lakhimpur Kheri on October 14, replacing Shiv Kumar Singh, who had been presiding over the proceedings.
The Supreme Court had, on October 5, asked the Chief Justice of the Allahabad High Court to promptly examine allegations that the then-presiding officer had transferred several cases to himself and subsequently acquitted the accused.
Meanwhile, the Uttar Pradesh government appointed advocate Kapil Katiyar, who also serves as a government advocate, as the special public prosecutor in the case.
Katiyar replaced Prabhakar Brahm Mishra, who had been handling the prosecution while serving as additional district government counsel.
Advocate Prashant Bhushan, appearing on behalf of the victims, informed the Supreme Court that they were satisfied with the developments in the proceedings.
Background of the Lakhimpur Kheri Violence
The criminal case arises from the violence that occurred in Tikunia in Uttar Pradesh’s Lakhimpur Kheri district on October 3, 2021, during a protest against the visit of Deputy Chief Minister Keshav Prasad Maurya.
Eight people, including four farmers, lost their lives in the incident.
Four farmers were killed after being run over by an SUV. In the violence that followed, the vehicle’s driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died.
In December 2023, the trial court framed charges against Ashish Mishra and 12 other accused, including charges of murder and criminal conspiracy, allowing the trial to proceed.
The Supreme Court has now reiterated the need to maintain a balance between conducting the proceedings without unnecessary delay and giving the prosecution sufficient opportunity to complete the trial properly.
