Lakhimpur Kheri violence: Supreme Court allows Ashish Mishra to go home for Diwali

The Supreme Court permitted Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown in Lucknow district to celebrate Diwali with his family, subject to conditions imposed in its March 2025 order [Ashish Mishra Alias Monu v. State of UP].

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana reviewed the progress of the ongoing trial and emphasised that the prosecution must strike a balance between timely disposal and fair procedure.

"Your duty is to ensure that your witnesses are present. Let the trial be timely concluded. We do not want such a hurry that witnesses, cross-examinations or material evidence are left out. At the same time, we do not want prolonged delay. This balance has to be maintained by the prosecution," the CJI observed.

During the hearing, the Additional Advocate General for Uttar Pradesh informed the Bench that a special public prosecutor had been appointed to steer the trial, adding that 90 out of 131 prosecution witnesses had already been examined, leaving around 41 witnesses.

Advocate Prashant Bhushan, representing the victims, submitted that he was satisfied with these developments.

The development follows significant scrutiny over the trial's pace and administration. The Supreme Court had previously refused to relax Ashish Mishra's bail terms to attend personal family functions, strictly regulating his movement.

Subsequently, Bhushan had raised serious concerns regarding hasty witness exclusions, missing trial records and the conduct of the presiding officer, prompting the top court to ask the Allahabad High Court to examine allegations against the trial judge and order the appointment of an experienced public prosecutor.

Mishra faces murder charges stemming from the October 3, 2021 incident where eight persons - including four protesting farmers and a journalist - were killed after an SUV convoy mowed down protesters.

Senior Advocate Siddhartha Dave, appearing for Mishra, clarified that the previous trial judge’s transfer was routine rather than punitive. He submitted that the inquiry report concerning the judicial officer was placed before the High Court’s administrative committee for further action in terms of the apex court's directions.

Dave then sought a one-week relaxation for Mishra to visit Lucknow for Diwali, citing parity with relief granted the previous year.

The Bench granted the plea:

"The petitioner is permitted to visit his hometown in Lucknow district to celebrate the coming Diwali festival along with his family members and close relatives. This will be subject to the conditions imposed in paragraph 9 of our order dated March 24, 2025."