New Delhi (Rajeev Sharma): The Supreme Court on Monday granted Ashish Mishra, an accused in the 2021 Lakhimpur Kheri violence case, permission to visit his hometown in Uttar Pradesh to celebrate Diwali with his family and close relatives, subject to existing bail conditions.
Mishra, the son of former Union minister Ajay Mishra, is currently out on bail but had been restricted from entering Lakhimpur Kheri. The court allowed the temporary visit while stressing that the trial must proceed without unnecessary delays.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed Mishra to return on October 16. The order came after senior advocate Siddharth Dave, representing Mishra, sought permission for the visit.
The bench observed that the proceedings should neither be rushed without due consideration nor allowed to remain pending for an excessive period. It said the prosecution must maintain a balance between timely progress and a fair trial.
Trial progress and changes in legal team
During the hearing, the Uttar Pradesh government informed the court that the judge handling the trial had been transferred by the Allahabad High Court. The bench was also told that a new special public prosecutor had been appointed to conduct the proceedings.
According to the information placed before the court, 90 of the 131 witnesses had been examined. Advocate Prashant Bhushan, appearing for the victims, told the bench that they were satisfied with the developments in the case.
Judicial officer Lokesh Rai took charge as Lakhimpur Kheri’s District and Sessions Judge on October 14, replacing Shiv Kumar Singh, who had been hearing the matter.
The state government appointed government advocate Kapil Katiyar as special public prosecutor, replacing Prabhakar Brahm Mishra, who had been serving as additional district government counsel.
Earlier, on October 5, the Supreme Court had asked the Allahabad High Court Chief Justice to act promptly on allegations concerning the presiding officer, including claims that he had transferred several cases to himself and acquitted the accused.
Case dates back to October 2021
The violence occurred on October 3, 2021, in Tikunia, Lakhimpur Kheri district, during a farmers’ protest against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya.
Eight people died in the incident, including four farmers who were allegedly run over by an SUV. The violence was followed by the alleged lynching of the vehicle’s driver and two BJP workers by angry farmers. A journalist also lost his life.
In December 2023, the trial court framed charges against Mishra and 12 others, including charges of murder and criminal conspiracy, allowing the trial in the main case to move forward.
The Supreme Court had declined to further relax Mishra’s bail conditions on August 6. The latest order permits only the specified Diwali visit and does not alter the other conditions imposed on his bail.
