Lakhimpur Kheri violence: Supreme Court seeks report on trial judge’s conduct

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The Supreme Court on Tuesday directed the Chief Justice of the Allahabad High Court to look into the concerns raised by the families of the victims of 2021 Lakhimpur Kheri violence against the judge conducting the trial in the case.“Let a copy of this Interlocutory Application… be placed before the Chief Justice of  Allahabad High Court… request to look into it and take appropriate remedial action,” the court said.The three-judge bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana also asked the HC Chief Justice to submit a report on the action taken in a sealed cover before the next hearing.It also asked the Uttar Pradesh government to appoint a senior public prosecutor for the case. “Let the State government take instructions and place on record its affidavit within two weeks as to which senior, experienced public prosecutor can be allocated for the case,” the bench directed.Appearing for the applicants, senior advocate Prashant Bhushan said that some “disturbing” developments had happened in the case. He alleged that the presiding judge had withdrawn many cases under the SC/ST and NDPS Act to himself and given bail to the accused.To Bhushan’s claim, the CJI said the SC is not concerned with all the said cases but only the one on Lakhimpur Kheri violence.This one pertains to an October 2021 incident in which four anti-farm law protesters were killed when a convoy of vehicles, including one belonging to former Union Minister of State (MoS) Ajay Mishra, ran over them. In the ensuing violence, two BJP workers, a driver of one of the vehicles and a journalist were also killed.Story continues below this adThe top court has been monitoring the progress of the trial, wherein the main accused is Ashish Mishra, Ajay’s son.The counsel appearing for Ashish told the SC Tuesday that the applicants, unable to find anything on him, have now started to go after the judge. They also pointed out that the witness against whom a non-bailable warrant (NBW) was issued had been trying to avoid the court.Bhushan, in response, said that after the NBW was issued, police went and intimidated the parents of the witness, who then said that he did not want to appear.The counsel also pointed out that the prosecutor was replaced recently. The earlier one, he said, had experience, while the new one had hardly any.Story continues below this adThe CJI then told the counsel appearing for the State, “Make sure the senior most prosecutor in the district is assigned for this case.” In response, the State said it will file a reply to the points raised about the public prosecutor and see if a senior prosecutor can be assigned.When Bhushan reiterated that the judge had withdrawn cases to himself, Justice Bagchi said, “We have no superintendence over the officer which is vested with the High Court concerned. So, you must take it up with the High Court.”The judge also said that it is not unusual for a trial court to issue NBW to a witness. “What is unusual is on the returnable date, the prosecutor saying the witness has given up.”Bhushan, however, said that if the concerned judge continues to hear the case, it will result in acquittal. “The officer has to be changed. There will be a complete miscarriage of justice if this officer continues with this case,” he said.