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Ashish Mishra Gets Supreme Court Nod for Diwali Visit to Lakhimpur Kheri

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New Delhi: The Supreme Court has allowed Ashish Mishra, who is facing trial in the 2021 Lakhimpur Kheri violence case, to visit his hometown during Diwali and spend time with family members and close relatives. The permission, granted on Monday, is subject to the bail conditions already imposed on him.

Mishra, son of former Union minister Ajay Mishra, was directed to return by October 16. His lawyer, senior advocate Siddharth Dave, had requested the court to permit the temporary visit, as Mishra had earlier been barred from entering Lakhimpur Kheri despite being out on bail.

A three-judge bench headed by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V Mohana, also addressed the pace of the ongoing trial. The judges said the proceedings must move forward without undue haste or unnecessary delays, underlining the need for a balanced approach by the prosecution.

Court updated on witness examination

The Uttar Pradesh government informed the bench that the judicial officer hearing the case had been transferred by the Allahabad High Court. It also told the court that a new special public prosecutor had been appointed.

Of the 131 witnesses in the case, 90 have been examined so far, according to the information presented during the hearing. Advocate Prashant Bhushan, representing the victims, said they were satisfied with the progress reported.

Lokesh Rai assumed charge as the District and Sessions Judge in Lakhimpur Kheri on October 14, succeeding Shiv Kumar Singh, who had been overseeing the trial. The state government has appointed government advocate Kapil Katiyar as special public prosecutor in place of Prabhakar Brahm Mishra.

The Supreme Court had earlier, on October 5, asked the Allahabad High Court Chief Justice to act promptly on allegations concerning the previous presiding officer. The allegations included claims that the officer had transferred several cases to himself and acquitted the accused.

Eight people died in 2021 violence

The case stems from violence in Tikunia on October 3, 2021, during a farmers’ protest against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya.

Eight people died in the incident. Four farmers were allegedly run over by an SUV, after which the vehicle’s driver and two BJP workers were allegedly lynched by a group of farmers. A journalist was also among those killed.

In December 2023, a trial court framed charges against Mishra and 12 other accused, including murder and criminal conspiracy, paving the way for proceedings in the main case.

The Supreme Court had refused to relax Mishra’s bail conditions further on August 6. Its latest decision allows the temporary hometown visit while leaving the existing conditions in place.

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