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 to celebrate Diwali with his family and close relatives, subject to the bail conditions imposed earlier by the Court.
A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana granted the relief while reviewing the progress of the ongoing trial. The permission allows Mishra to visit Lakhimpur Kheri for the festival, with the Court directing him to return by November 16.
During the hearing, the Bench emphasised that the trial must proceed expeditiously without compromising procedural fairness or the parties’ opportunity to present their cases.
“The trial should be concluded in time. There should not be a tearing hurry, but there should also not be prolonged delay,” the Chief Justice observed, underscoring the prosecution’s responsibility to maintain a balance between expedition and a fair adjudicatory process.
The Uttar Pradesh government informed the Court that a Special Public Prosecutor had been appointed to conduct the trial. The Bench was also told that 90 of the 131 prosecution witnesses had been examined, leaving 41 witnesses yet to be dealt with.
Senior Advocate Siddharth Dave, appearing for Mishra, sought a week’s relaxation of the restrictions on his movement to enable him to celebrate Diwali with his family. He submitted that the accused had received similar concessions on previous festive occasions.
Advocate Prashant Bhushan, appearing for the victims, expressed satisfaction with the developments concerning the trial judge, whose conduct had previously been questioned by the victims’ side. Dave, however, submitted that the judge’s transfer was a routine administrative measure and was not founded on any adverse finding against the judicial officer.
The Bench clarified that it was not casting aspersions on anyone and indicated that the corrective measures taken by the Allahabad High Court were sufficient for the present purpose.
The Supreme Court has been monitoring the progress of the trial and had earlier asked the Allahabad High Court to examine concerns raised regarding the presiding judicial officer.
The case arises from the violence that occurred in Tikunia, Lakhimpur Kheri, on October 3, 2021, during a farmers’ protest. Eight people, including four farmers and a journalist, died in the incident and the subsequent violence.
Mishra, the son of former Union Minister of State for Home Affairs Ajay Mishra, faces prosecution in the case. The Supreme Court had earlier granted him bail subject to stringent conditions governing his movement and access to the district, with subsequent orders permitting limited relaxations.
The latest order allows the festive visit while leaving the existing bail conditions otherwise in force. The Bench’s observations also reiterated that expeditious disposal of the trial must not come at the cost of a fair opportunity to examine witnesses and place relevant evidence on record.
The post Supreme Court allows Ashish Mishra to visit Lakhimpur Kheri for Diwali; CJI Surya Kant stresses timely trial appeared first on India Legal.