NEW DELHI: The Supreme Court on Tuesday sought a report from the Allahabad High Court chief justice on the conduct of the presiding officer of the 2021 Lakhimpur Kheri violence case after allegations that he withdrew several NDPS and SC/ST atrocities cases to himself and acquitted the accused.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the Allahabad High Court chief justice to furnish the report in a sealed cover after looking into the averments and taking remedial action.
Advocate Prashant Bhushan, appearing for an eye-witness in the Lakhimpur Kheri violence case alleged that the presiding officer issued a non-bailable warrant against his client after he failed to appear before the court on account of illness.
"The conduct of the presiding officer will shock the conscience of the court. The presiding officer withdrew to himself NDPS, SC-ST cases and granted the accused bail or acquitted them. Under the law, he cannot withdraw to himself," Bhushan contended.
Lakhimpur Kheri violence: SC pulls up Uttar Pradesh government over non-production of witnesses
He further claimed that even the public prosecutor has been changed midway and the new one only has four months' experience.
The bench asked Uttar Pradesh government to look for senior most Public Prosecutor, who has considerable experience in conducting the sessions trial in the case and inform the court in two weeks.
The top court posted the matter after two weeks. On August 6, the top court refused to further relax the bail conditions of Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Uttar Pradesh's Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers.
A journalist also died in the violence. In December 2023, the trial court framed charges against Mishra and 12 others, including charges of murder, criminal conspiracy and other offences, paving the way for the commencement of the trial in the main case.