The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Thursday asked a Lucknow senior police official to visit an eyewitness in the 2021 Lakhimpur Kheri violence case to corroborate his complaint of being allegedly threatened for testifying against Ashish Mishra, son of former union minister Ajay Kumar Mishra.
A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh questioned Uttar Pradesh Police for not visiting the eye witnesses after he lodged a complaint on June 20 asking "what prevented the police officers from visiting him"?
Additional Advocate General Garima Prashad for UP said the witness was reluctant and despite summoning him, he did not visit the police to corroborate his complaint or record his statement.
"That may not be a satisfactory explanation on behalf of the police. In case the complainant has been reluctant in coming forward in support of his complaint, some senior police officer can be deputed to visit the complainant/to verify if a complaint has been made by him. If such contents are acknowledged, it is imperative for police to investigate. Necessary consequences must follow," the bench said.
The top court then ordered the police to file a fresh status report on the investigation and after meeting the eye witness.
"We direct senior SP, Lucknow to file such an affidavit after verification of complaint," the bench said.
It came on record that since May 8, the prosecution had examined 20 witnesses and dropped 20 witnesses from the list of 208 witnesses.
The bench directed the trial court to conduct the trial expeditiously and examine witnesses twice in a month, if possible.
On May 8, the top court relaxed Mishra's bail condition while allowing him to visit family on the weekends.
The top court had previously allowed Mishra to stay in Lucknow.
The bench while modifying the order said he could reach Lakhimpur Kheri on the night of May 10 (Saturday) and stay there till May 11 (Sunday) and return to Lucknow the same evening.
The bench, however, barred him from holding any political meeting or activity in Lakhimpur Kheri.
On March 24, the top court allowed Mishra to visit his family in Lakhimpur Kheri on Ram Navami festival.
The top court then took on record the status report filed by UP Police in which it denied the claim of victims that Mishra attended a political rally in Lakhimpur Kheri in violation of the bail conditions.
The police said in its status report that his picture of attending the rally was an old picture which was presented as the latest one.
On January 20, the top court sought a report from UP Police after allegations, accusing Mishra of influencing witnesses in the Lakhimpur Kheri violence case, surfaced.
Mishra had denied the allegations and said every time the matter was listed, such averments were made for the cancellation of his bail granted by the top court.
The apex court granted him bail on July 22 last year and restricted his movements in Delhi and Lucknow.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers 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.
The trial court in December, 2023 framed charges against Mishra and 12 others for murder, criminal conspiracy and under other penal laws in the case.