200 witnesses, 27 CFSL reports: Lakhimpur case trial may take 5 years, SC told

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New Delhi, Jan 12, 2023: Lakhimpur case trial may take five years to conclude in normal course, the Supreme Court said after referring to a report received from the trial court judge. Union minister Ajay Kumar Misra’s son, Ashish Misra, had allegedly run over the farmers who were protesting against the three farm laws passed by the Centre. He is one of the accused in the case.

 

In a report submitted to the apex court, the additional sessions judge said there are 200 witnesses, 171 documents and 27 forensic science laboratory (FSL) reports in the case. The Supreme Court had sought a status report on the case.

"The report says it will take at least five years. It says there are 208 witnesses, 171 documents and 27 FSL reports," said a bench of Justices Surya Kant and V Ramasubramanian while referring to the report received from the trial court judge.

The bench was hearing a bail plea of Ashish Mishra who mowed down on protesting farmers and a journalist in October 2021 in Uttar Pradesh’s Lakhimpur Kheri. The bail hearing of Ashish Misra has been adjourned to January 19 and till then, he will remain in jail. The bench posted the matter for further hearing on January 19.

Senior advocate Mukul Rohatgi, appearing for Ashish Misra, told the bench that the trial judge has sent a report to the apex court.

When the bench said as per the report of the additional sessions judge, it may take at least five years in the normal course to conclude the trial, advocate Prashant Bhushan said material witnesses can be examined first.

LAKHIMPUR KHERI VIOLENCE

Eight people lost their lives that erupted during the farmers’ protest in Lakhimpur Kheri district of Uttar Pradesh in October 2021. The farmers had assembled to protest Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to Banbirpur. Ashish Misra was arrested on October 9 in connection with the violence that erupted in UP’s Lakhimpur Kheri on October 3, 2021.

Four farmers were mowed down by an SUV in which Ashish Mishra was seated, according to the Uttar Pradesh Police FIR. Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence. The incident took place in Tikunia village, which is connected to Banbirpur by a road that was occupied by protesting farmers.

The trial court had framed charges against Ashish Mishra and 12 others for the alleged offences of murder, criminal conspiracy and others in the case.

A total of 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.

During the hearing of the matter, the top court termed the offences as ’very grave’ and had asked the state government to file a status report of the case lodged over the killing of three occupants of the SUV.

Courtesy: India Today