Supreme Court Allows Ashish Mishra Weekly Visits To Lakhimpur Kheri To Meet His Family

Mishra is an accused in the October 3, 2021 violence case, where protesting farmers were allegedly mowed down by a vehicle linked to him.

The Bench of Justice Surya Kant and Justice NK Singh was hearing the plea.

During the hearing, Additional Advocate General (AAG) Garima Prashad, appearing for the State of Uttar Pradesh, informed the Court that 16 out of 208 witnesses had already been examined. She said the witness list had been pruned as per the Court’s earlier suggestion, retaining only the injured, eyewitnesses, and circumstantial witnesses.

Justice Surya Kant noted that witnesses numbered 16 to 90 included several eyewitnesses, some of whom are public servants. He clarified that the Court must not be later blamed for allegedly preventing the examination of key witnesses, but suggested that in cases where multiple witnesses are from the same family, examining one may be sufficient.

"The prosecution should not later allege that the Court obstructed the examination of eyewitnesses, but added a caveat: “If several witnesses belong to the same family of four, examining just one may suffice; it’s just a suggestion," Justice Kant said.

Advocate Prashant Bhushan, representing the victims, highlighted that the issue was not merely the presence of a crowd but the alleged act of running over the farmers without stopping the vehicle.

Justice Kant concurred, underscoring the importance of examining injured witnesses.

Senior Advocate Sidharth Dave, representing Mishra, stated that only five injured witnesses remain to be examined and objected to Bhushan’s active role, saying the victims cannot take over the conduct of the trial.

Justice Kant, however, reiterated, “I’ve authored judgments affirming victims’ rights. They cannot be mere silent spectators.”

The Bench also considered Dave’s request for permission to visit his daughters, who live in Lakhimpur and Jaipur.

Citing summer vacations and better weather in Lakhimpur, Dave sought flexibility. "Lakhimpur is about 200 kilometers away, and the weather is better there. Plus, it’s the summer vacation," he submitted.

Justice Kant responded, “We can allow him to leave on Saturday evening and return by Sunday evening. Schools are closed on Sundays anyway.”

Accordingly, the Court modified its January 25, 2023 order and permitted Mishra to visit Lakhimpur Kheri every Saturday evening to spend time with his family, directing him to return to Lucknow by Sunday evening.

The Court strictly barred him from participating in any public or political events during his visit, clarifying that the purpose of the visit must remain purely private and familial.