Lakhimpur Kheri violence: SC allows former minister's son Ashish Mishra to visit hometown on Diwali

New Delhi: The Supreme Court on Monday allowed Ashish Mishra, an accused in the 2021 Lakhimpur violence case and son of former Union minister Ajay Mishra, to travel to his hometown to celebrate Diwali with his family members.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also remarked that the trial in the case has to be concluded in time.

"There should not be tearing hurry but there also should not be prolonged delay. Balance has to be maintained by prosecution," the bench said.


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The case dates back to October 3, 2021, when eight people, including four farmers, were killed in Tikunia in Uttar Pradesh's Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

The four farmers were mowed down by an SUV. The driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.

Mishra is out on bail but hadn't been given permission to enter his hometown Lakhimpur Kheri.

"The petitioner is permitted to visit his hometown in Lakhimpur Kheri to celebrate coming Diwali festival with family and close relatives, subject to conditions imposed earlier. He shall return on October 16," the bench ordered on Monday after senior advocate Siddharth Dave, appearing for Mishra, sought permission for travel.

The counsel for the state of Uttar Pradesh told the bench that the trial court judge in the case had been transferred by the Allahabad High Court.

The top court was also informed that a new public prosecutor has been appointed to conduct trial in the case. Besides, it was told that 90 out of 131 witnesses had been examined.

Advocate Prashant Bhushan, appearing for the victims, submitted that they are satisfied with the developments in the case.

Judicial officer Lokesh Rai assumed charge as the District and Sessions Judge of Lakhimpur Kheri on October 14, replacing Shiv Kumar Singh who had been hearing the case.

On October 5, the top court also asked the Allahabad High Court chief justice to act expeditiously on allegations against the presiding officer that he transferred several cases to himself and acquitted the accused.

The state government has appointed advocate Kapil Katiyar, who is also a government advocate, as special public prosecutor to represent the state in court, replacing public prosecutor Prabhakar Brahm Mishra who was holding charge of additional district government counsel.

On August 6, the top court refused to further relax the bail conditions of Mishra, the prime accused in the case.

In December 2023, the trial court framed charges against Mishra and 12 others, including those of murder, criminal conspiracy and other offences, paving the way for the commencement of the trial in the main case.