SC seeks time schedule for conclusion of trial in Lakhimpur Kheri violence case

The bench said it needs to balance the interest of all the parties including the accused, the victims and society at large

The Supreme Court on Monday sought to know the time to be taken for completing trial in 2021 Lakhimpur Kheri violance case as the Uttar Pradesh government opposed bail plea by Ashish Mishra, son of Union Minister of State Ajay Mishra and prime accused in the case.

The top court also asked the state government how long can he be kept behind the bars as putting him inside the jail indefinitely amounted to prejudging him and there has to be balance between rights of the accused and the victims.

Taking up to the matter, a bench comprising Justices Surya Kant and Krishna Murari asked its registrar to ascertain from the Additional Sessions Judge, Lakhimpur Kheri, how much time the trial is likely to take to conclude.

Also Read | Brother of Lakhimpur violence's witness attacked by youth

Since Additional Advocate General of Uttar Pradesh Garima Prasad opposed bail plea of Mishra, the bench asked her, “how long someone should be kept in, the victim has rights, the accused also has some rights, society has interest in all these things, keeping him indefinitely would amount to pre-judging him as guilty”.

The state counsel said it is a grave offence and there statements of injured eyewitnesses regarding Mishra’s presence at the crime spot.

Appearing for Mishra, senior advocate Mukul Rohatgi said his client was not present at the crime spot.

Opposing the bail plea, senior advocate Dushyant Dave, for the victims’ families, said that in murder cases when trial court and the high court had refused bail, then in such matters the apex court should not interfere.

He said this is a very serious case and pointed out that witnesses in the case have already been attacked.

The bench said the witnesses have been granted protection as per order of the court.

Rohatgi, for his part, said Mishra was at a wrestling match and there are records of mobile tower locations which proved that he was at a different place.

Dave submitted that crime was premeditated and cited Mishra's father's statement that protesting farmers will be taught a lesson.

“If someone can be killed merely because they are agitating, then nobody is safe in a democracy," Dave said.

Following the arguments, the bench sought details of the time frame within which the trial would be completed and fixed the matter for further hearing in January next year.

On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers' protest. Mishra was arrested on October 9 last year in the case.