SC Seeks Action on Lakhimpur Kheri Judge

• SC asks Allahabad HC Chief Justice to act on allegations against trial judge.
• Vigilance report to be submitted to the Supreme Court in sealed cover.
• UP government directed to appoint a new public prosecutor.
• Lakhimpur Kheri violence left eight people dead in October 2021.

GG News Bureau
New Delhi, 5th Oct: The Supreme Court on Monday directed the Chief Justice of the Allahabad High Court to act expeditiously on allegations concerning the presiding officer of the 2021 Lakhimpur Kheri violence case. The allegations relate to the trial judge allegedly transferring several cases to himself and subsequently acquitting accused persons.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana also asked the Uttar Pradesh government to appoint a new public prosecutor at the earliest to conduct the trial in the high-profile case.

The directions came after the court considered submissions concerning the conduct of the presiding officer. The Supreme Court had first taken note of the issue on September 22 after senior advocate Prashant Bhushan, appearing for the victims, raised concerns over the judge’s conduct.

Allahabad HC asked to examine allegations
On September 22, the Supreme Court had directed the Chief Justice of the Allahabad High Court to look into the allegations and take remedial action. It had also sought a report in a sealed cover.

On Monday, senior advocate Rakesh Dwivedi, appearing for the High Court Registry, informed the bench that an administrative committee would have to be constituted to examine the allegations against the judge.

The Supreme Court reiterated that the Chief Justice of the High Court should take appropriate action in accordance with its September 22 order.

The Registrar (Vigilance) of the Allahabad High Court has been directed to forward a report to the Supreme Court in a sealed cover, indicating the action that may be taken by the Chief Justice.

The bench, however, made it clear that it was not expressing any opinion on the allegations or the counter-submissions and listed the matter for hearing after two weeks.

Defence disputes allegations
Senior advocate Siddharth Dave, appearing for accused Ashish Mishra, opposed the allegations and submitted that Bhushan had raised objections against various persons associated with the case, including the trial judge, public prosecutor and accused.

Dave also told the court that the judge had examined 86 witnesses out of more than 130 witnesses in the main case.

Earlier, Bhushan had alleged that the presiding officer had issued a non-bailable warrant against his client after he failed to appear before the court to depose due to illness.

Bhushan had further alleged that the judge had withdrawn certain NDPS and SC/ST cases to himself and subsequently granted bail or acquitted accused persons. He argued that the judge could not have withdrawn such cases to himself under the applicable law.

He also raised concerns over a change in the public prosecutor during the proceedings, claiming that the newly appointed prosecutor had only four months of experience at the time.

New public prosecutor sought
The Supreme Court’s direction to the Uttar Pradesh government to appoint a new public prosecutor comes amid concerns raised over the conduct of the trial and the continuity of the prosecution.

The court has asked that the appointment be made at the earliest so that proceedings in the main case can continue.

Mishra’s bail conditions unchanged
On August 6, the Supreme Court had declined to further relax the bail conditions imposed on Ashish Mishra, the prime accused in the case.

Mishra had approached the top court seeking further relaxation of the conditions attached to his bail.

Eight people killed in 2021 violence
The Lakhimpur Kheri violence took place on October 3, 2021, in Tikunia, Uttar Pradesh, during a farmers’ protest linked to a visit by then Deputy Chief Minister Keshav Prasad Maurya. Eight people, including four farmers, were killed in the violence.

According to the prosecution case, four farmers were allegedly mowed down by an SUV. Subsequently, a driver and two BJP workers were allegedly lynched by an angry mob. A journalist also died in the violence.

In December 2023, the trial court framed charges against Ashish Mishra and 12 others, including charges related to murder, criminal conspiracy and other offences, paving the way for the trial in the main case.