Supreme Court allows Ashish Mishra to visit Lakhimpur Kheri for Diwali

The Supreme Court permitted Ashish Mishra to visit Lakhimpur Kheri for Diwali under existing conditions. The bench also sought a timely trial that avoids both haste and undue delay.

In Short

• Existing bail restrictions will continue to govern the temporary family stay
• Judges urged prosecutors to avoid both haste and prolonged trial delays
• Ninety of 131 listed witnesses have already been examined by court

The Supreme Court on Monday allowed Ashish Mishra, the son of former Union minister Ajay Mishra and an accused in the 2021 Lakhimpur violence case, to visit his hometown to celebrate Diwali with his family, news agency Press Trust of India reported.

The court said Mishra's visit to Lakhimpur Kheri would remain subject to the conditions imposed earlier. It also stressed that the trial must be completed on time without being rushed.

“There should not be tearing hurry but there also should not be prolonged delay. Balance has to be maintained by prosecution,” a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said.

Mishra is out on bail but had not been allowed to enter Lakhimpur Kheri. Senior advocate Siddharth Dave, appearing for him, sought permission for the visit.

“The petitioner is permitted to visit his hometown in Lakhimpur Kheri to celebrate coming Diwali festival with family and close relatives, subject to conditions imposed earlier. He shall return on October 16,” the bench said in its order quoted by PTI.

The case relates to the violence in Tikunia in Uttar Pradesh's Lakhimpur Kheri district on October 3, 2021. Eight people, including four farmers, were killed during a protest against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

The four farmers were run over and killed by an SUV. The driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.

The Uttar Pradesh government's counsel told the bench that the trial court judge hearing the case had been transferred by the Allahabad High Court. The court was also informed that a new public prosecutor had been appointed and that 90 of the 131 witnesses had been examined, according to PTI.

Advocate Prashant Bhushan, appearing for the victims, said they were satisfied with the developments in the case.

Judicial officer Lokesh Rai took charge as the District and Sessions Judge of Lakhimpur Kheri on October 14, replacing Shiv Kumar Singh, who had been hearing the case.

On October 5, the Supreme Court asked the Allahabad High Court chief justice to act quickly on allegations that the presiding officer had transferred several cases to himself and acquitted the accused.

The state government appointed advocate Kapil Katiyar, who is also a government advocate, as the special public prosecutor. He replaced public prosecutor Prabhakar Brahm Mishra, who was holding charge as additional district government counsel.

On August 6, the Supreme Court had refused to further relax the bail conditions imposed on Mishra, the prime accused in the case. In December 2023, the trial court framed charges against Mishra and 12 others, including charges of murder and criminal conspiracy, clearing the way for the trial to begin.

The Supreme Court has now permitted Mishra to visit Lakhimpur Kheri for Diwali under the existing conditions, while calling for a balanced approach to ensure that the trial is neither rushed nor unnecessarily delayed.

- Ends