The Supreme Court has directed the Chief Justice of the Allahabad High Court to submit a confidential report regarding the conduct of the presiding judicial officer overseeing the 2021 Lakhimpur Kheri violence trial, following allegations of improper case assignments and questionable acquittals.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana ordered the High Court Chief Justice to examine the claims, take necessary corrective measures, and furnish findings in a sealed cover. The bench has adjourned the matter for two weeks.
Allegations Of Irregularities And Witness Warrant
The apex court issued the directive after senior advocate Prashant Bhushan, representing an eyewitness in the case, raised serious objections concerning the trial judge’s decisions. Bhushan submitted that the judicial officer had acted outside legal authority by reassigning several matters under the Narcotic Drugs and Psychotropic Substances Act and the Scheduled Castes and Scheduled Tribes Atrocities Act to his own court, subsequently acquitting the accused or admitting them to bail.
Bhushan also told the bench that the presiding officer had issued a non-bailable arrest warrant against his client when the eyewitness was unable to attend a court hearing owing to ill health. In addition, the counsel flagged that the state prosecution had been unexpectedly altered midway through the trial, leaving the matter in the hands of a newly appointed public prosecutor with only four months of legal experience.
State Directed To Assign Senior Prosecutor
Taking note of the concern regarding the prosecution’s handling, the top court instructed the Uttar Pradesh administration to designate its most senior public prosecutor with extensive sessions trial experience to represent the state in the proceedings. The Uttar Pradesh government has been given two weeks to report back to the court with compliance details.
The 2021 Tikunia Incident
The trial centers on the unrest that erupted on October 3, 2021, in the Tikunia area of Uttar Pradesh’s Lakhimpur Kheri district amid farmer demonstrations against a scheduled visit by Deputy Chief Minister Keshav Prasad Maurya.
Eight individuals died in the incident. Four protesting farmers were fatally struck by a sports utility vehicle. In the subsequent unrest, a local journalist was killed, and two Bharatiya Janata Party workers along with a driver were allegedly beaten to death by angry demonstrators.
In December 2023, the trial court formally framed charges of murder, criminal conspiracy, and related offences against prime accused Ashish Mishra and 12 other individuals, setting the stage for the sessions trial. On August 6, the Supreme Court rejected a petition seeking further easing of Mishra’s bail terms.
