Investigation – Supreme Court Raises Concern Over Delay in Lakhimpur Kheri Trial
Investigation – The Supreme Court on Friday voiced serious concern over the slow progress in the 2021 Lakhimpur Kheri violence trials, observing that witness examination had virtually stalled over the past two months despite repeated legal notices issued by the trial court.
A Bench headed by Surya Kant and Justice Joymalya Bagchi expressed dissatisfaction with the status report submitted before the court. The judges noted that the report failed to explain why witnesses had not appeared for examination even after bailable and non-bailable warrants were issued.
Supreme Court Questions Lack of Progress
During the proceedings, the Bench remarked that the prolonged delay in recording witness statements was unacceptable in a matter of such public importance. The court observed that no meaningful progress had been made in the trial despite several opportunities granted to the prosecution.
The Uttar Pradesh government informed the court that in the main case related to the deaths of protesting farmers, 44 prosecution witnesses had already testified while 15 had been discharged. However, 72 witnesses are still awaiting examination.
In the connected case involving alleged mob violence after the incident, 26 of the 35 listed witnesses have already deposed before the trial court, while the remaining nine are yet to appear.
Defence Raises Concerns Over Witness Attendance
Senior advocate Siddharth Dave, representing Ashish Mishra, informed the apex court that witness examination had not taken place for nearly two months. He pointed out that despite the issuance of warrants, several witnesses failed to appear before the trial court.
The Bench questioned the prosecution over its handling of the proceedings and suggested that more witnesses should be summoned on each hearing date to avoid losing valuable court time if some individuals fail to attend.
The judges also referred to an earlier report indicating that on one occasion, even when a witness was present in court, the prosecution did not proceed with the examination, leading to further delay in the trial process.
Allegations of Witness Intimidation Surface
Advocate Prashant Bhushan, appearing for the victims’ families, alleged before the court that some witnesses were facing intimidation ahead of hearings. According to the submission made in court, fear and pressure may be contributing to the repeated absence of witnesses.
Taking note of these concerns, the Supreme Court instructed the presiding trial judge to adopt all lawful measures necessary to ensure witness attendance. The Bench also directed authorities to strictly follow the witness protection framework already in place.
The court further emphasized that both criminal trials should be completed within a reasonable timeframe without unnecessary delays.
Probe Into Witness Intimidation Also Under Review
Apart from the main trials, the Supreme Court also reviewed developments in a separate criminal case linked to alleged witness intimidation. The Bench observed that a portion of the investigation was still pending despite the filing of a charge sheet.
The investigating officer was directed to complete the remaining inquiry and submit a final report before the concerned trial court within four weeks.
Earlier too, the apex court had expressed concern over the pace of proceedings and advised prosecutors to avoid presenting unnecessary formal witnesses in order to speed up the trial.
Background of the 2021 Violence
The Lakhimpur Kheri violence took place in October 2021 in Tikunia area of Uttar Pradesh during protests by farmers against the visit of then Deputy Chief Minister Keshav Prasad Maurya. Eight people lost their lives in the violence that followed.
According to the police investigation, four farmers were allegedly run over by an SUV in which Ashish Mishra, son of former Union Minister Ajay Mishra Teni, was reportedly present.