Four years ago, on October 3, 2021, a horrific event unfolded in Uttar Pradesh’s Lakhimpur Kheri district when an SUV, allegedly carrying Ashish Mishra, the son of former Union Minister of State for Home Ajay ‘Teni’ Mishra, ran over four farmers and a journalist. The ensuing violence also resulted in the deaths of three others, including two Bharatiya Janata Party workers and a car driver.
This brutal incident sparked widespread outrage and nationwide protests, prompting the Supreme Court to establish a special investigation team (SIT). The SIT’s investigation led to the arrest of 13 individuals, including Ashish Mishra. The trial officially commenced in January 2023.
However, nearly two years into the proceedings, progress has been notably slow. Compounding the issue, a significant portion of the prosecution’s witnesses – approximately 40% – have reportedly changed their statements in court, becoming hostile. According to the prosecution lawyer, out of the 103 witnesses finalized by the prosecution, only 47 have deposed so far. Among these, 20 have turned hostile, while 27 have provided their statements and have been cross-examined by the defense counsel.
District government counsel (criminal) Arvind Tripathi noted that the 20 hostile witnesses are all private individuals and farmers. The defense is expected to present its witnesses only after the prosecution concludes its case, pending court approval.
Ashish Mishra and twelve other co-accused face charges under various sections of the Indian Penal Code, including rioting, unlawful assembly, murder, attempt to murder, causing grievous hurt, mischief, and criminal conspiracy, as well as provisions of the Motor Vehicles Act. These charges were framed in December 2022, following a 5,000-page SIT report that concluded the violence was a ‘pre-planned conspiracy’ rather than an act of negligence.
Legal experts anticipate a lengthy process before a final verdict, followed by potential appeals in higher courts. The case has also seen developments regarding witness protection, with an FIR lodged against Ajay Mishra ‘Teni’, Ashish Mishra, and others for allegedly threatening a key witness, Baljinder Singh. This action was prompted by the Supreme Court’s inquiry into the delayed response from the Uttar Pradesh Police.
Initially, the prosecution had identified 441 witnesses, including eyewitnesses, injured victims, and medical professionals. This list was later refined to 103. Jagjit Singh, the father of one of the deceased farmers, was the first prosecution witness to testify.
The Lakhimpur Kheri violence had led to demands for Ajay Mishra ‘Teni’s’ resignation. While an initial FIR filed by the police did not include murder charges, the SIT successfully advocated for the inclusion of more stringent sections, including attempt to murder. However, the court rejected the SIT’s plea to invoke ‘common intention’ charges based on defense objections.
A second FIR was also filed against protesting farmers based on a complaint by a BJP ward member, under section 302 of the IPC. Both cases are currently being tried concurrently.
The Supreme Court took cognizance of the violence in October 2021, leading to Ashish Mishra’s arrest. While he was granted bail by the Allahabad High Court in February 2022, the Supreme Court later revoked it, expressing disappointment over the hurried proceedings. In January 2023, the Supreme Court granted Ashish Mishra interim bail for eight weeks on an experimental basis, a decision that was extended in February 2024. He and other co-accused are currently out on bail.
When approached for comment, the BJP leadership declined to provide a statement, citing the ongoing legal proceedings and Supreme Court monitoring. However, Samajwadi Party spokesperson Rajendra Chaudhary reaffirmed the party’s support for the farmers, maintaining that the incident was pre-planned.