Lakhimpur Kheri violence: SC gives Ashish Mishra bail directs trial court to expedite hearing

NEW DELHI: The Supreme Court on Monday gave bail to former Union minister Ajay Mishra's son Ashish Mishra in the case related to the 2021 Lakhimpur Kheri violence that claimed eight lives, and restricted his movement to Delhi or Lucknow.

On January 25 last year, the top court had given Ashish Mishra interim bail in the "unfortunate ghastly incident".

A bench of Justices Surya Kant and Ujjal Bhuyan also granted bail to four farmers -- Guruwinder Singh, Kamaljeet Singh, Gurupreet Singh and Vichitra Singh -- in the case and directed the trial court to expedite hearing.

On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Uttar Pradesh's Lakhimpur Kheri district. The violence erupted when farmers were protesting against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.

"Taking into consideration all the attending circumstances, the interim order is made absolute... We are informed that out of 114 witnesses, seven have been examined so far. In our considered view the trial proceedings need to be expedited," the bench said.

"We direct the trial court to fix the schedule, keeping in view the pendency of other time-bound or urgent matters but prioritising the pending subject," it added.

The apex court directed the public prosecutor to ensure that not less than five witnesses are examined on one day and sought a status report from the trial court.

As the hearing began, senior advocate Siddhartha Dave, appearing for Mishra, submitted that the accused's father is no longer a MP or minister.

"He has lost the election. So the entire controversy that was created of how influential I am goes out," Dave said.

The bench then remarked, "He can be influential even without being a minister. What is the status of the trial?"

Advocate Prashant Bhushan, appearing for one of the victims, submitted that out of 200 witnesses only seven have been examined after 19 months since start of trial. The trial will never end this way, he argued.

Dave said the delay is because witnesses have not been coming to the court. He also said his client doesn't have a house in Delhi since his father lost the election.

"The condition of entering the state of UP continues to operate. Every time, I have to rent some place. I cannot even enter Uttar Pradesh. I have two daughters. Your lordship may permit me to reside outside Lakhimpur in UP," he said.

The top court then passed the order that his movement be restricted to Delhi or Lucknow.

The apex court in February had extended Ashish Mishra's interim bail and asked its registry to obtain a report from the trial court on the progress of the case.

The Supreme Court on January 25 last year had directed Mishra to leave Uttar Pradesh and said he should not stay in UP or Delhi during the period of interim bail. This was done with a view to avoid any influence on witnesses in the case.

Later, on September 26, the apex court relaxed the bail conditions for Mishra to enable him to visit and stay in the National Capital Territory to look after his ailing mother and for the treatment of his daughter.

On December 6 last year, the trial court framed charges against Mishra and 12 others for the alleged offences of murder, criminal conspiracy and under other penal laws in the case of the farmers' deaths, paving the way for the trial to start.