New Delhi, Sep 22 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 transferred several NDPS and SC/ST atrocities cases to himself and acquitted the accused.
A bench of Chief Justice Surya Kant, 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 matter and taking remedial action.
Advocate Prashant Bhushan, appearing for an eyewitness 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.
He further claimed that even the public prosecutor has been changed midway and the new one only has four months' experience.
The bench asked the Uttar Pradesh government to look for a senior most public prosecutor in the Lakhimpur Kheri district who has considerable experience in conducting the sessions trial and inform the court in two weeks.
Bhushan said that if the incumbent presiding officer is allowed to continue and hear the Lakhimpur Kheri violence case, then he is sure that he will hold that no such incident has taken place.
The bench told Bhushan that it does not appreciate making averments against the judicial officer, as the apex court has itself asked him to expedite the trial.
“We ourselves have asked him to expedite the trial in the case and now if the witness does not appear before the court what will he do? The problem is not with the judicial officer but the public prosecutor, who on the next day says he does not want to examine the prosecution witnesses,” the CJI said.
Bhushan said that the presiding officer, despite being told that the eyewitness was unwell, issued the non-bailable arrest warrant.
Justice Bagchi told Bhushan that the Supreme Court does not have superintendence over the presiding officer and if he has any grievance, then it should be brought before the high court.
Bhushan pointed out that he has information that an administrative inquiry has been initiated by the high court against the presiding officer and a probe is going on.
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.
