New Delhi: The Supreme Court on Friday expressed disappointment over the slow pace of trial in the 2021 Lakhimpur Kheri violence case and directed the trial court to take lawful measures to secure the presence of witnesses while ensuring compliance with the witness protection scheme.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi highlighted with concern that no prosecution witness had been examined during the last two months despite the issuance of bailable and non-bailable warrants.
“We are disappointed to note that the so-called status report does not assign any reason for the non-production of witnesses on previous dates. No witness appears to have been examined for two months,” the CJI-led bench observed.
During the hearing, the state government informed the apex court that in the principal trial relating to the deaths of protesting farmers, 44 prosecution witnesses have been examined and 15 witnesses discharged, while 72 witnesses still remain to be examined.
In the connected trial relating to the subsequent mob violence, 26 out of 35 witnesses had already deposed, and nine witnesses remained pending for examination.
Senior advocate Siddharth Dave, appearing for Ashish Mishra — the prime accused in the case and son of former Union Minister of State for Home Affairs Ajay Mishra Teni — submitted that no witness examination had taken place in the recent past despite coercive processes being issued by the trial court.
“No witness has been examined for the last two months. Bailable warrants issued, even non-bailable warrants issued, but no one has appeared,” he told the top court.
Questioning the prosecution over the delay, the bench remarked: “What have you done from March till today? Instead of summoning three-four witnesses, summon seven-eight witnesses. At least those who are present can be examined.”
Referring to an earlier status report, the apex court recorded that despite a witness appearing before the trial court on one occasion, the prosecution chose not to examine the witness, resulting in further delay.
Advocate Prashant Bhushan, appearing for the victims’ families, alleged before the Supreme Court that witnesses were being intimidated.
“Police are threatening witnesses before the date of hearing, that is why they are not coming,” Bhushan submitted.
Recording its dissatisfaction with the status report filed by the state authorities, the apex court directed the presiding judge conducting both trials to take lawful measures for securing witness attendance and to ensure compliance with the witness protection mechanism.
It further directed the trial court to endeavour to conclude both criminal trials in a time-bound manner.
The apex court also took note of the third connected criminal proceeding concerning allegations of witness intimidation.
Referring to the status report stating that the investigation against one accused was still pending despite the filing of the charge sheet, the bench directed the investigating officer to conclude the remaining probe and submit the final report before the competent trial court within four weeks.
In its earlier orders, the apex court had flagged the slow pace of the trial, asking the prosecution to drop unnecessary formal witnesses to expedite proceedings.
It had also considered a status report from the Lakhimpur Kheri police regarding an FIR lodged against Mishra and his father for alleged witness intimidation, directing that the matter be probed by an officer of DSP rank.
In October 2021, eight people were killed in Lakhimpur Kheri District’s Tikunia in violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. According to the UP Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.
(IANS)
