5 Years Needed To Complete Lakhimpur Kheri Case Trial, Sessions Court Informs Supreme Court

The trial court in Uttar Pradesh handling the Lakhimpur Kheri case relating to the killing of farmers in October 2021 reported to the Supreme Court that it will take at least 5 years to complete the trial.

In December 2022, the Supreme Court had sought for a report from the trial court while considering the bail application of accused Ashish Mishra, son of Union Minister Ajay Mishra. Ashish Mishra is facing murder charges for allegedly killing persons in the Lakhimpur Kheri violence of October 2021 after his vehicle allegedly ran over farmers who were protesting against farm laws.

"The report of the trial court says it will take 5 years for the trial to conclude. The report of Learned Additional Sessions Judge says there are 208 witnesses 171 documents and 27 FSL reports", the bench comprising Justices Surya Kant and V Ramasubramanian read out from the report in the hearing today.

Advocate Prashant Bhushan, appearing for the victims, requested for adjournment as the lead counsel Senior Advocate Dushyant Dave was unwell today.

The Bench then asked Additional Advocate General of UP Garima Prashad “There are two FIR's. We want to know if there are accused in that other case too who have been arrested? Can you bring in a formal status report of that case too.”

The bench was referring to the cross- FIR filed over the alleged lynching by the farmers resulting in the death of the car driver and two others.

As the bench informed the counsels about the status report filed by the First Additional Sessions Judge at Lakhimpur,  Bhushan suggested that there can be an order for examination of material witnesses on a day-to-day basis.

The bench remarked, “There will be practical difficulties in that. If you speed this up then this court will have to be tried at the cost of all other cases. That is why we asked the trial court.” The bench added.

Bhushan then submitted, “This is a case which needs a day to day trial. This is a case where SIT was formed at the instance of this court. He is the son of MoS(Home). In such circumstances the trial should be done day to day. Witnesses have been attacked. Brutally attacked".

Senior Advocate Mukul Rohatgi, appearing for Mishra, denied Bhushan's allegations as  “completely false".  “We are here in appeal. We are in a bail hearing. He is the complainant", he added.

Bench then stated to the UP AAG, “We want to know the particulars of the accused in the other FIR. How many arrested, what is the status, everything. We want to know how many of them are in custody?”.

Rohatgi intervened and submitted, “It is our case. It is a case of mob violence that our jeep was attacked.”

The Bench then orally remarked, “Mr. Bhushan are you prepared to argue because we have something in our mind.”

 Bhushan replied and said, “Your lordships may ask the Trial Court to do two things. First, Hold day to day trial and Second, First examine material witnesses. It cannot be that such an influential person who who has the audacity to do this act and then beat up material witnesses, etc. “

Rohatgi opposed, “What is this. Why is my friend not arguing the bail. Let him argue the bail. You want some time, take it.”

Bhushan replied, “They have come to this court without filing the chargesheet. In our counter affidavit we have filed the chargesheet. I am only requesting your lordship to have this next week. Mr. Dave will argue.”

The Bench then ordered, “Mr. Dave is reported to be unwell. Post the matter for hearing on 19-01-2023. Learned AAG for UP to confirm if accused in C. No. 02 of 2021 are still in custody.”

Initially, the Allahabad High Court had granted bail to Mishra on February 10, 2022, but it was set aside by the Supreme Court bench comprising the then CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli in April 2022 after noting that the High Court took into account irrelevant considerations and ignored relevant factors. The bail application was then remanded to the High Court. The Supreme Court's order came in appeal filed by the relatives of the farmers who got killed in the crime.

On July 26, the High Court dismissed the bail application after re-hearing the matter, following the remand by the Supreme Court.

Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022