New Delhi: The Supreme Court on Tuesday directed its registry to forward an application raising allegations concerning the conduct of the trial judge hearing the 2021 Lakhimpur Kheri violence case to the Allahabad High Court for appropriate action and sought a report from it in a sealed cover.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing the case concerning accused Ashish Mishra alias Monu, who is the prime accused in the 2021 Lakhimpur Kheri violence case, as the apex court continues to monitor the progress of the trial.
Advocate Prashant Bhushan, appearing for the complainant/victims, raised concerns over the manner in which the trial was being conducted and sought the replacement of the trial judge. He alleged that the judge concerned had taken up cases assigned to other courts, including matters under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and granted relief to the accused.
He also referred to an incident involving eyewitness Sher Singh, who was unable to appear before the trial court due to illness. He submitted that despite the witness having furnished a medical certificate, the trial judge issued a non-bailable warrant against him.
Bhushan also claimed that police subsequently approached the witness’s parents, following which the witness expressed unwillingness to appear. The victims’ counsel further raised concerns over the replacement of the public prosecutor handling the trial, alleging that the newly appointed prosecutor had limited experience. He also alleged that the site plan relevant to the Lakhimpur Kheri violence case had gone missing from the trial court record.
Seeking intervention, Bhushan submitted that continuation of the present trial judge could result in a “gross miscarriage of justice” and sought that the judge be changed.
However, the Supreme Court observed that administrative control over the trial judge rests with the Allahabad High Court and the CJI-headed bench accordingly directed the apex court registry to forward a copy of the application to the Allahabad High Court, requesting it to look into the allegations and take appropriate remedial action.
“The Registry is directed to forward a copy of the application to the Allahabad High Court with a request to look into the matter and take appropriate remedial action. The High Court will forward a report to this court in sealed cover pursuant to action that may be taken by Hon’ble the Chief Justice,” the Supreme Court ordered.
It also took note of the concerns regarding the change in the public prosecutor and directed the Uttar Pradesh government to place on record details of a senior and experienced prosecutor who could be assigned to the case.
The apex court’s directions came against the backdrop of its ongoing monitoring of the criminal proceedings arising from the October 2021 Lakhimpur Kheri violence, in which eight people were killed during protests 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 Ashish Mishra was present. The violence also resulted in the deaths of other individuals.
The Supreme Court had earlier expressed concern over the pace of the trial and directed the trial court to take lawful measures to secure the presence of witnesses while complying with the witness protection mechanism.
(IANS)
