Lakhimpur Kheri Case: Supreme Court Allows Ashish Mishra To Visit Hometown For Diwali

The Supreme Court today has allowed Ashish Mishra, son of former Union minister Ajay Mishra, permission to visit his hometown Lakhimpur Kheri for Diwali. Mishra is a main accused in the 2021 Lakhimpur violence case, in which eight people were killed during a farmers' protest.

Senior Advocate Siddharth Dave requested court today to allow accused Ashish Mishra to travel to Lakhimpur Kheri for Diwali. "I have been allowed previously to visit," Dave told the bench.

"The petitioner is permitted to visit his hometown Lakhimpur Kheri to celebrate the coming Diwali festival. He shall return by 16th November," the CJI ordered, agreeing to his request.

Supreme Court was further informed today that the trial judge hearing the case had been transferred. Previously allegations were made against conduct of the trial judge hearing 2021 case.  On October 5, a CJI Surya Kant led bench had directed a vigilance report concerning the trial judge be placed before the Chief Justice of the Allahabad High Court for an appropriate decision.

"The trial judge has been transferred as a routine transfer. It should not be taken otherwise," Dave further told court.

"We are not saying anything on it," CJI Kant said.

Last month, the Supreme Court had directed the Chief Justice of the Allahabad High Court to examine allegations concerning the conduct of the trial judge hearing the 2021 Lakhimpur Kheri violence case and submit a report in a sealed cover.

Advocate Prashant Bhushan, appearing for a victim/eyewitness, raised allegations regarding the functioning of the trial court. He alleged that the presiding officer had taken up several cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act that had been assigned to other courts, and subsequently granted relief to accused persons.

Previous Hearings

Last month, the Court was informed that former Union minister Ajay Mishra and his son Ashish Mishra will not be prosecuted in the witness intimidation case linked to the Lakhimpur Kheri violence trial. Uttar Pradesh police made this submission before the bench. In the case alleging witness intimidation, only one person, Amandeep Singh has been charge-sheeted by the police.

In January last year, court had directed the Uttar Pradesh police to submit a report on the allegations that Ashish Mishra, son of former Union Minister Ajay Mishra, was influencing witnesses. A bench of Justices Surya Kant and N Kotiswar Singh, had in its order observed, "The applicants seek the cancellation of bail granted to Ashish Mishra. They have relied on certain material to accuse the petitioner of misusing the concession of bail and violating the terms and conditions of the bail granted. The petitioner has filed an affidavit, and Advocate Prashant Bhushan wishes to place additional material on record. We direct the police administration to submit a report on the allegations made."

In July 2024, the Supreme Court had granted bail to Mishra, son of Union Minister Ajay Mishra Teni, in a case registered over the Lakhimpur Kheri violence of October 3, 2021. A bench of Justices Surya Kant and Ujjal Bhuyan had then directed the trial court to expedite hearing.

Ashish Mishra is one of the 13 accused persons who have been held for murder, criminal conspiracy and certain other offences in the violence case. The Supreme Court had issued notice to the Uttar Pradesh Government on Ashish’s bail plea on September 6, 2022 and had asked the Uttar Pradesh Government to respond to his petition seeking bail, in which he had challenged the denial of bail to him by Allahabad High Court on July 26. On April 18, 2022 the Supreme Court cancelled the bail given to Ashish Mishra by the Allahabad High Court. Earlier, the bail pleas of Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court on November 15, 2021.

What is the Lakhimpur Kheri case?

In the October 3, 2021 case, a total of 14 people had been made accused. Allegedly, during a protest against Center's three Farm Laws, a Thar car mowed down protesting farmers. Resultantly, violence broke out in which eight people died including four farm law protestors, two BJP workers, a driver, a local journalist, and several others were injured. Two FIRs were lodged in connection with the violence.

It is alleged that Mishra was in the Thar car and he fired gunshots on farmers while escaping from the place of the incident. The proceedings in the Lakhimpur Kheri violence case(s) are going on before the District Court in which Uttar Pradesh Police filed an exhaustive chargesheet running into 5000 pages on January 3.

Case Title: Ashish Mishra v. State of Uttar Pradesh

Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana

Hearing Date: October 26, 2026