The Supreme Court witnessed intense legal arguments regarding the transfer of a trial judge during proceedings concerning the Lakhimpur Kheri violence case. During the hearing, the bench addressed concerns regarding judicial administration while also granting a temporary relief to the main accused to celebrate the festival with his family.
Arguments over trial judge transfer
During the court session, senior advocate Prashant Bhaskar, representing the victims, raised questions regarding the sequence of events surrounding the transfer of the trial judge. He argued that the official had merely been moved and further proceedings could be impacted. Conversely, senior advocate Siddharth Dave, appearing for Ashish Mishra, maintained that the relocation was a routine administrative procedure. He emphasized that the transfer should not cast any shadow of doubt or draw adverse conclusions against the judicial officer.
Court clarification on administrative steps
Addressing the arguments, Chief Justice Surya Kant clarified that the bench was not making any remarks against anyone, stating that the steps taken by the high court to streamline matters were adequate. Earlier, the apex court had directed the Allahabad High Court to take appropriate action based on a vigilance report regarding the trial judge, which set the administrative process in motion.
Uttar Pradesh government counsel Ruchira Goyal informed the bench that a special public prosecutor has been appointed for the trial. She stated that out of a total of 131 witnesses in the case, depositions of 90 individuals have already been recorded, while testimonies of 41 witnesses remain pending. Regarding the pace of the trial, the bench emphasized that proceedings must conclude in a timely manner without being rushed or subjected to unnecessary delays, requiring the prosecution to maintain a proper balance.
Permission granted for Diwali
During the session, the defense counsel requested the bench to allow Ashish Mishra to spend a week with his family and close relatives in Lakhimpur Kheri to celebrate Diwali, noting that similar relaxations had been granted during previous festive occasions. The Supreme Court accepted the request and permitted him to travel to his hometown. He has been directed to adhere to previously imposed conditions and return by November 16.
Background of the 2021 incident
The legal proceedings stem from the tragic events of October 3, 2021, when protesting farmers were mowed down by vehicles during unrest in Lakhimpur Kheri, resulting in the deaths of eight people, including four farmers and a journalist. Ashish Mishra, son of former Union minister Ajay Mishra Teni, is an accused in the matter. The Supreme Court had initially restricted his entry into the area upon granting him bail, a condition that was later modified to permit weekend visits while the court continues to monitor the progress of the trial.
