Supreme Court refuses to further relax bail conditions for Lakhimpur Kheri accused Ashish Mishra
The Supreme Court on Thursday refused to further relax the bail conditions of Ashish Mishra, the main accused in the 2021 Lakhimpur Kheri violence case, dismissing his plea to travel to his native place for family functions. A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said there was no ground to entertain the prayer at this stage.
Mishra, who is facing trial for his alleged role in the death of eight people, including four farmers, in Tikunia, had sought permission to attend his daughters' birthday celebrations and other family events. His counsel argued that the existing restrictions prevented him from participating in these functions. "There is no ground to entertain this prayer at this stage. The application is dismissed," the CJI said.
During the hearing, the court also heard concerns raised by advocate Prashant Bhushan, appearing for the victim farmers, about the way the trial was progressing. Bhushan alleged that crucial witnesses, including eyewitnesses, were being dropped because of the speed with which the trial was being conducted. "One of the problems is the manner in which the trial is proceeding. Many of the critical witnesses have been given up because of the speed and haste with which the trial is being conducted. They are summoned for the very next day, and if they do not appear the next day, they are given up," he said.
Bhushan said he intended to file an application highlighting these concerns. The CJI, however, said such grievances should first be raised before the trial court. "Why would we be the appropriate forum to entertain such an application? You should first approach the trial court itself and point out that these are the witnesses who are crucial," the Bench said. Adding that the trial court is best equipped to determine the materiality of witnesses, the Bench advised Bhushan to explain why those witnesses are important and what issues they relate to.
When Bhushan noted that some of the witnesses were eyewitnesses, the CJI said that made it all the more necessary to move the trial court.
Bhushan also referred to a separate case in which an individual had been charge-sheeted for allegedly attempting to influence a witness. He said the witness, who was allegedly intimidated, had subsequently been dropped from the witnesses' list and had moved an application seeking permission to participate in the trial. Mishra's counsel objected to the submission that the person was Mishra's supporter. The Bench said it would consider that application but reiterated that the trial court was the appropriate forum to decide whether witnesses sought to be examined were material to the case.
The violence in Lakhimpur Kheri occurred on October 3, 2021, during a protest by farmers against the visit of Deputy Chief Minister Keshav Prasad Maurya to the area. Eight people were killed in Tikunia, including four farmers who were mowed down by a sports utility vehicle. A driver and two Bharatiya Janata Party (BJP) workers were then killed, allegedly by the gathered crowd. A journalist also died in the violence.
In December 2023, the trial court framed charges against Mishra and 12 others, including murder, criminal conspiracy, and other offences under the Indian Penal Code, paving the way for the trial to commence in the main case.
The Supreme Court's refusal to ease bail conditions means Mishra must continue to comply with the existing restrictions while the trial proceeds. The case has been closely watched, given its political and social significance, and the judicial process remains under scrutiny to ensure a fair trial for all parties.
