New Delhi: The Supreme Court on Monday permitted Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown in Uttar Pradesh’s Lakhimpur Kheri to celebrate Diwali with his family and close relatives.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana allowed Mishra’s plea seeking permission to visit his hometown for the festival and directed him to return on November 16.
Senior advocate Siddharth Dave, appearing for Mishra, submitted that the apex court had granted him similar relaxations on previous festive occasions and requested permission for a week-long visit to celebrate Diwali with his family.
The CJI Kant-led Bench allowed the request, recording in its order that Mishra could visit Lakhimpur Kheri to celebrate Diwali with his family and close relatives, subject to the existing bail conditions.
During the hearing, the apex court was also apprised of the progress in the trial.
Advocate Ruchira Goel, Standing Counsel for the Uttar Pradesh government, informed the CJI Kant-led Bench that a Special Public Prosecutor (SPP) had been appointed in the case.
Responding to concerns over the pace of the trial, the apex court highlighted the need to ensure its timely conclusion without either rushing the proceedings or allowing prolonged delays. “Let the trial be timely concluded. There should not be a tearing hurry, but there also should not be prolonged delay. Balance has to be maintained by the prosecution,” the CJI Kant-led Bench observed.
The hearing also touched upon the transfer of the trial judge, whose conduct had earlier been questioned by the victims’ side.
Advocate Prashant Bhushan, appearing for the victims, expressed satisfaction over the developments concerning the transfer. However, senior advocate Siddharth Dave submitted that the transfer was a routine administrative exercise and was not based on any suspicion or adverse finding against the judge.
The Supreme Court clarified that it was not casting any aspersions on anyone and observed that whatever corrective measures the Allahabad High Court had taken were sufficient.
The issue follows the apex court’s earlier directions passed on September 22 to forward an application raising allegations concerning the conduct of the trial judge to the Allahabad High Court for appropriate action and seek a report in a sealed cover.
The Supreme Court has been monitoring the progress of the trial arising from the October 3, 2021, violence in Lakhimpur Kheri, in which eight people were killed during a farmers’ protest against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya.
According to the Uttar Pradesh Police FIR, four protesting farmers were allegedly mowed down by an SUV in which Mishra was seated. In January 2023, the Supreme Court imposed stringent conditions while granting interim bail to Mishra, including restrictions on his entry into Uttar Pradesh except for attending trial proceedings and a warning that any attempt to influence witnesses could lead to cancellation of bail.
The apex court made his interim bail absolute in July 2024 and subsequently relaxed certain conditions, permitting him to stay in Lucknow or Delhi and allowing limited visits to his family.
(IANS)
