Sc Expresses Disappointment Over Non-Production of Witnesses in Trial
New Delhi: The Supreme Court on Friday expressed disappointment over non-production of witnesses in the ongoing case against former Union minister Ajay Mishra’s son Ashish Mishra and others in the 2021 Lakhimpur Kheri violence case. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said that the status report submitted to it by the Uttar Pradesh government did not give any reason for not presenting the witnesses.
It was stated at the hearing that no witnesses had been heard for the last two months.
“We instruct the chief judge to take legal measures to ensure the presence of witnesses,” the panel said.
He requested the trial judge to make efforts to conclude the trial in a timely manner and to submit a status report to him.
Hearings of two cases related to the incident are ongoing in a court in Uttar Pradesh.
The Board noted that 44 of the 131 witnesses to be interrogated in the first case were questioned, 15 were released and 72 were still to be testified.
In the second FIR, it was stated that 26 of the 35 witnesses were questioned and nine were released.
Ashish Mishra’s senior lawyer Siddharth Dave said that as per the latest status report submitted by Uttar Pradesh, 44 witnesses have been questioned in the first FIR so far.
“No witnesses have been interviewed in the last two months,” Dave said.
He argued that the last status report submitted by the state in March stated that 44 witnesses were heard.
“What have you been doing since March until now?” The bench asked the lawyer to appear on behalf of Uttar Pradesh.
The state lawyer said that 3-4 witnesses were called during the hearing to record their statements.
The bench said that at least 7-8 witnesses should be called during a day instead of three or four, so that even if some do not turn up, the court can continue recording the statements of those appearing before it.
The high court also wondered how official witnesses could remain absent during the trial.
The court panel said, “We are disappointed to see that the so-called situation report does not provide any justification for not testifying the witnesses…”
Lawyer Prashant Bhushan, who attended the hearing on behalf of the relatives of the farmers who were allegedly mowed down in the incident, said that the high court should do something about the course of the case.
The bench noted that besides the two FIRs, another FIR was registered in October last year regarding alleged intimidation of witnesses.
According to the state’s status report, criminal charges have been filed against the main defendant in this case.
The bench stated that the status report showed that the alleged role of Ashish Mishra in the third case was still being investigated.
The top court directed the investigating officer of the third case to conclude the ongoing investigation and ensure that the appropriate report is submitted to the court concerned within four weeks.
The bench has announced the next hearing of the Lakhimpur Kheri violence case for July.
On October 3, 2021, eight people, including four farmers, were killed at Tikunia in Lakhimpur Kheri district when farmers protested against Deputy Chief Minister Keshav Prasad Maurya’s visit to the district.
Four farmers were mowed down after being hit by a sport utility vehicle. Later, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also lost his life in the violence.
In one of the cases, in December 2023, the trial court cleared the way for the trial by charging Mishra and 12 others with murder, conspiracy and other criminal laws in the farmers’ death case.
