The top court had asked the sessions court last month how much time would the court require in a normal case to conclude the trial, without compromising with the schedule of other pending or prioritized matters. In a report submitted in response to the apex court, the additional sessions judge said there are 208 witnesses, 171 documents and 27 forensic science laboratory (FSL) reports in the case.

"The report says it will take at least five years. It says there are 208 witnesses, 171 documents, and 27 FSL reports," said a bench of Justices Surya Kant and V Ramasubramanian while referring to the report received from the trial court judge. "He (sessions judge) says in normal course, it may take five years," observed the bench, which is hearing a plea by Ashish Mishra seeking bail in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri.

What Are The Counsels Saying

During the hearing, the bench asked the counsel appearing for the Uttar Pradesh government to confirm whether the four accused in a separate case lodged over the killing of three occupants of the SUV, which allegedly mowed down four farmers in the incident, are still in custody. The counsel said charges have been framed against the accused in that matter. "We just want to know if there are accused in that case who have been arrested?" the bench asked. The state's counsel said four accused were arrested in the case.

At the outset, advocate Prashant Bhushan, appearing for the complainant in the case of the killing of farmers, requested the bench to post the hearing for some other day, saying senior advocate Dushyant Dave who is leading him in the matter is unwell.

Senior advocate Mukul Rohatgi, appearing for Ashish Mishra, told the bench that the trial judge has sent a report to the apex court. When the bench said as per the report of the additional sessions judge, it may take at least five years in the normal course to conclude the trial, Bhushan said material witnesses can be examined first.

"The problem is the report says when the case was fixed for examination of prosecution witnesses, one of the material witnesses was to be examined but he got a fever and was unwell on that day...These practical difficulties may arise," the bench pointed out. It said if the trial in the case is asked to be speeded up, it will have to be done at the cost of all other cases pending in that court.

Bhushan said day-to-day trials are needed in this case being probed by a special investigation team. When he alleged that some witnesses were attacked and beaten up, Rohatgi shot back, saying: "This is completely false. What we need is, how many persons were arrested in FIR no.220/2021 (separate case) and are they still in custody," the bench observed and asked the state to apprise it about the particulars of those arrested in that case.

Rohatgi said, "It is our case. Our case is that our convoy was attacked...It is a case of mob violence. People were pulled out of our vehicle and three of them were killed." The bench observed that ultimately, the larger interest and larger issue will have to be kept in mind and fixation of time sometimes can create serious prejudice to the prosecution's case.

Bhushan, while arguing that the accused in the case of mowing down of farmers are influential, suggested the apex court can ask the trial court to hold day-to-day trials and examine material witnesses first. He said the complainant has annexed the charge sheet of the case in the counter affidavit filed in the apex court. The bench posted the matter for further hearing on January 19.

'Vehemently Opposed’ Ajay Mishra Son’s Bail Plea, UP Govt Tells SC

In March 2022, the stte government told the apex court that it had ‘vehemently opposed’ the bail application of Ashish Mishra, son of Union minister Ajay Mishra, in connection with the Lakhimpur Kheri violence that killed eight people, including four farmers. The UP government refuted allegations in its reply to the FIR filed by the witness that the attackers had issued threats that now that the BJP had won the UP elections, they would "see to him". It also submitted that a decision to challenge the grant of bail by the Allahabad High Court to Ashish Mishra is pending consideration before the relevant authorities.

“The same clearly demonstrates that the Respondent No.1 (Ashish Mishra) Bail application was vehemently opposed by the State, and any averments to the contrary in the SLP(filed by the family members against HC order) are completely false and merit to be rejected," it added.

Over A Year of Farmers' Killing, Ajay Mishra Teni Continues As?a Union Minister

On the first anniversary of Lakhimpur Kheri violence, Bharati Kisan Union (Doaba) members had staged a protest in Punjab’s Phagwara and demanded the sacking of Union Minister Ajay Mishra and withdrawal of "cooked up" cases registered against farmers during their stir against now-repealed agri laws.

They attacked the BJP-led government at the Centre over the continuation of Ajay Misra 'Teni' as a minister citing the alleged involvement of his son in mowing down farmers protesting against the three farm laws that have now been repealed.

The protesters also submitted a memorandum, addressed to Prime Minister Narendra Modi, to the Phagwara Sub-divisional Additional Deputy Commissioner(ADC) Dr. Nayan Jassal. The memorandum demanded the dismissal of Misra from the Cabinet.

Sahni said they also demanded through the memorandum withdrawal of "cooked up cases against farmers and immediate release of those in jails". "We also demand government jobs to the eligible members of the martyred farmers and journalist as promised by the government and relief to the injured farmers," he said. Moosapur alleged that farmers were still waiting for justice even though one year had passed since the incident.
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The Lakhimpur Kheeri Violence

On October 3, 2021, eight people were killed in Tikunia in Lakhimpur Kheri district during violence that erupted when farmers were protesting against the then Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area. Four farmers were mowed down by an SUV in which Ashish Mishra, son of BJP Union Minister Ajay Kumar Mishra was seated, according to the Uttar Pradesh Police FIR.

Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence. On December 6 last year, the trial court framed charges against Ashish Mishra and 12 others for the alleged offences of murder, criminal conspiracy, and others in the case of the death of the protesting farmers in October 2021 in Lakhimpur Kheri, paving the way for the start of the trial.

A total of 13 accused, including Ashish Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.

The rest 12 accused are identified as Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana, and Dharmendra Banjara, all of whom are in jail.

On December 12, 2022, the SC while hearing the matter, had asked the state government, which opposed the bail plea of Ashish Mishra terming the offence as "very grave", to file an affidavit with regard to the status of the case lodged over the killing of three occupants of the SUV.

(With PTI inputs)