The Supreme Court on Tuesday directed the Chief Justice of the Allahabad High Court to examine allegations made by Advocate Prashant Bhushan against the trial judge hearing the 2021 Lakhimpur Kheri violence case and submit a report in a sealed cover.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana also directed the Uttar Pradesh government to appoint a senior and experienced public prosecutor for the trial in Ashish Mishra alias Monu v. State of Uttar Pradesh.
The Court gave the State government two weeks to report back and submit an affidavit on appointing a senior, experienced public prosecutor to handle the case.
Bhushan, appearing for the victims, alleged that the trial judge had taken up cases assigned to other courts and granted relief to accused persons. He specifically alleged that the judge had assigned himself cases under the NDPS Act and SC/ST Act and granted bail in them.
He also questioned the issuance of a non-bailable warrant against eyewitness Sher Singh, who, according to Bhushan, could not appear after falling ill and had submitted a medical slip from a community health centre.
CJI Surya Kant noted that the Supreme Court had directed the trial to be expedited and that the trial court could act against witnesses who failed to appear without satisfactory explanation. Bhushan, however, submitted that the witness had already explained his absence and alleged that police subsequently intimidated his parents.
The Bench also questioned why three other summoned witnesses were not examined.
Bhushan further submitted that the newly appointed public prosecutor had only around four months’ experience. The Court consequently directed the State to appoint a senior prosecutor for the case.
He also alleged that the site plan relating to the violence had gone missing from the trial court record and sought removal of the trial judge, claiming that his continued involvement could result in a “gross miscarriage of justice”.
Justice Bagchi pointed out that administrative control over the trial judge lies with the Allahabad High Court. The Bench therefore directed that Bhushan’s application be placed before Chief Justice Arun Bhansali for examination and a report.
The case arises from the October 2021 Lakhimpur Kheri violence, in which eight people were killed. Ashish Mishra, son of former Union Minister Ajay Mishra, is among the accused.
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