New Delhi, September 22:The Supreme Court on Tuesday asked the Uttar Pradesh government to respond to a plea seeking the appointment of a senior and more experienced public prosecutor to conduct the trial arising from the 2021 Lakhimpur Kheri violence, in which eight people were killed.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana also directed the Allahabad High Court Chief Justice to examine concerns raised by the complainants regarding the conduct of the newly appointed trial judge and submit a report to the Supreme Court in a sealed cover.
The directions came after senior advocate Prashant Bhushan, appearing for the complainants, raised concerns about the manner in which the trial was being conducted, particularly the treatment of key eyewitnesses.
The bench directed the Supreme Court Registry to forward copies of the complainants' interlocutory application and Tuesday's order to the Chief Justice of the Allahabad High Court. The High Court Chief Justice has been asked to examine the concerns raised and take such remedial measures as considered appropriate.
The report on the action taken is to be submitted to the Supreme Court in a sealed cover.
Bhushan told the court that "new and shocking circumstances" had emerged following the appointment of a new trial judge and public prosecutor. He specifically referred to the case of key eyewitness Sher Singh, claiming that the trial court had issued a non-bailable warrant against him despite an illness slip being submitted to explain his inability to appear in court.
He further submitted that the trial judge had summoned three other witnesses to appear the following day.
The submissions prompted the bench to question the prosecution's handling of the witnesses.
Justice Joymalya Bagchi questioned the public prosecutor's position that an eyewitness who had been summoned was unwilling to appear. The bench observed that the manner in which key eyewitnesses were being dealt with could have serious implications for the case.
Bhushan submitted that the incident had occurred in broad daylight and involved an SUV allegedly running over protesting farmers. He argued that failure to properly examine key eyewitnesses could result in a miscarriage of justice.
The complainants also raised broader concerns regarding the trial judge's conduct in other cases, including matters under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The Supreme Court, however, indicated that it was not concerned with the judge's handling of other cases. Instead, it asked the Allahabad High Court Chief Justice to monitor the proceedings in the Lakhimpur Kheri case and take any action deemed necessary.
The complainants have also sought the appointment of a senior public prosecutor with adequate experience in conducting trials. The Supreme Court directed the Uttar Pradesh government to respond to the request.
The matter has been listed after two weeks.
The case relates to the October 3, 2021 violence in Tikunia in Uttar Pradesh's Lakhimpur Kheri district, in which eight people were killed. Ashish Mishra, son of then Union minister Ajay Mishra, is an accused in the case involving allegations that an SUV ran over protesting farmers.
The Supreme Court had earlier directed the trial court to expedite the proceedings and ensure protection of key eyewitnesses.
