New Delhi: The Supreme Court on Tuesday directed the Chief Justice of the Allahabad High Court to submit a report concerning the conduct of the presiding judge handling the 2021 Lakhimpur Kheri violence case. The order follows allegations that the judge illegally transferred multiple NDPS and SC/ST Act cases to his own court before acquitting or granting bail to the accused.

A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana instructed the Allahabad High Court Chief Justice to investigate the matter, take necessary remedial action, and present the findings in a sealed cover.

Allegations raised by eyewitness counsel

Advocate Prashant Bhushan, representing an eyewitness in the case, informed the court that the trial judge issued a non-bailable warrant against his client after an absence caused by 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.

Bhushan further highlighted an abrupt change in prosecution counsel, stating that the new public prosecutor possesses only four months of experience. He cautioned that if the current judge remains on the case, "then he is sure that he will hold that no such incident has taken place".

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Bench addresses administrative bounds and prosecutor concerns

Responding to the arguments, the bench cautioned against making sweeping statements against the judicial officer, pointing out that the apex court had previously directed the lower court to fast-track the proceedings.

"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 maintained that the warrant was issued despite the court being informed of the witness's poor health. In response, Justice Bagchi noted that the Supreme Court does not hold direct supervisory authority over the trial judge, clarifying that such grievances must be raised before the High Court. Bhushan confirmed that an administrative inquiry into the judge's conduct is already underway by the High Court.

Addressing the prosecutor's competence, the Supreme Court instructed the Uttar Pradesh government to assign the most senior public prosecutor in the Lakhimpur Kheri district—one with extensive sessions trial experience—and submit a status update in two weeks. The matter has been scheduled for further hearing in two weeks.

Background of the case

The proceedings stem from the October 3, 2021 violence in Tikunia, Lakhimpur Kheri district, where eight people—including four farmers and a journalist—lost their lives during a farmers' protest against a visit by Deputy Chief Minister Keshav Prasad Maurya. Four farmers were mowed down by an SUV, after which a driver and two BJP workers were allegedly lynched by protestors.

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In December 2023, the trial court formally framed charges of murder, criminal conspiracy, and related offenses against primary accused Ashish Mishra and 12 others. On August 6, the Supreme Court denied a request to further relax Mishra's bail conditions. (PTI)