The Supreme Court has articulated its disappointment regarding the sluggish progression of trials related to the Lakhimpur Kheri violence that occurred in October 2021. During a hearing on May 8, the justices highlighted concerns over the prosecution’s handling of witness testimonies, indicating that several individuals had been dropped from the witness list without any justification. This observation comes as the Court has been actively monitoring the trial’s development.

In one of the two connected trials being overseen by a Sessions Judge in Lakhimpur Kheri, it was revealed that the prosecution, which had originally intended to examine 208 witnesses, has now scaled this down to about 120 witnesses. The Supreme Court bench publicly remarked on these changes, suggesting a deliberate attempt to have the accused discharged from the proceedings.

Trial No. 219/2021, which initially encompassed 208 witnesses, now shows that 44 witnesses have been dismissed, and an additional 15 have been discharged while the examination of 72 witnesses is still pending. The situation in the second trial, Trial No. 220/2021, is slightly improved, with 26 out of 35 proposed witnesses already examined, leaving only 9 still to be heard.

Concerns Raised Over Witness Management

The Chief Justice of India, Surya Kant, alongside the bench, expressed their dissatisfaction with the trial proceedings, stating that the prosecution has not provided sufficient reasons for the lack of witness examinations. The Supreme Court directed the presiding judge to implement lawful measures to ensure that witnesses appear and that their safety is maintained in accordance with established protection protocols.

Furthermore, the Court urged the trial court to expedite the proceedings, underscoring the need for timely justice in this high-profile case. Senior Advocate Siddharth Dave, representing the accused Ashish Mishra, brought forth concerns regarding Mishra’s long period of incarceration, which has lasted nine years, and requested that his application for suspension of sentence be urgently reviewed.

In response, the bench acknowledged the urgency and stated they would consider the application. However, Advocate Prashant Bhushan, representing the complainants, opposed these submissions and indicated his intention to file an affidavit detailing disturbing developments observed in the case.

Government Directions and Ongoing Investigations

The Uttar Pradesh government, responding to the Court’s queries, confirmed that there are two distinct trials stemming from the Lakhimpur Kheri incident. It clarified that the first trial primarily concerns the petitioners involved. Additionally, the Supreme Court referenced a separate case linked to the violence that occurred on October 3, 2021, at Padua Kheri, emphasizing that while a report against the main accused has been submitted, further investigations related to one of the petitioners remain unresolved.

The Court instructed the Investigating Officer to complete the pending inquiry within four weeks and mandated that the presiding officer file a report regarding the same before the Court. The case revolves around the tragic events of October 3, 2021, during which eight individuals, including four farmers protesting against controversial agricultural laws, lost their lives. Allegations against Mishra suggest that a vehicle linked to him was involved in the incident, after which he was apprehended on October 9, 2021, and granted bail in February 2022.

Previously, the High Court had observed the gravity of the case, noting the significant circumstances surrounding the deaths of the four farmers and the involvement of the accused’s vehicle at the scene, categorising the incident as a heinous crime.

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