New Delhi, Jan 11.
Trial in the Lakhimpur Kheri case, in which Union Minister of state for Home Ajay Mishra’s son Ashish Mishra is the key accused, will take five years, the Supreme Court was informed on Wednesday, prompting the top court to seek information on the status of the co-accused in the case before it hears his bail plea.
A bench, comprising Justices Surya Kant and V. Ramasubramanian, had sought a report from the trial court on how soon trial in the case can be concluded. In response, the trial court, has informed the bench that it would take five years as over 200 witnesses would have to be examined in connection with the Oct, 2021, incident in which a convoy of vehicles led by Mishra allegedly ran over farmers protesting the farm laws.
Four farmers were killed in the incident. Another 4 BJP supporters were killed in the retaliatory violence that followed. Mishra junior was earlier granted bail by the Allahabad High Court but that was overturned by the top court and sent back to the High Court to be reheard on the ground that the complainants in the case were denied an effective hearing.
The High Court subsequently rejected his bail plea. Ashish Mishra Teni has since approached the top court for bail. That is pending. Initially, the top court created a stir of sorts when it contended that it would not be possible to keep him in custody forever but later changed tack to seek a report from the trial court.
Today, after being informed that this would take at least 5 years, the top court has sought additional information on whether his co-accused are still in custody or not.
The complainants and witnesses allege that the minister’s “armed” son is a threat to them and he cannot be released on bail. Instead, they have demanded day to day trial. Their case is being argued by activist lawyer Prashant Bhushan and senior advocate Dushyant Dave.
Dave was indisposed today. Bhushan though sought a quick trial. He said that the minister’s son was armed and dangerous. Already three witnesses have been attacked, Bhushan said. Material witnesses can be examined first, he suggested, to hasten the trial. Senior advocate Mukul Rohatgi opposed this suggestion on behalf of Mishra junior.
Eventually the bench adjourned the case for a further hearing till Jan 19, 2023, and asked Uttar Pradesh Additional Advocate General Garima Prashad to check on the status of the co-accused and get back to the court. UP has since filed a chargesheet in the case naming Mishra junior as the key accused in the case, but did not oppose bail granted to him by the Allahabad High Court in Feb, 2022.
