The Supreme Court on Friday, 8 May 2025, expressed sharp disappointment over the sluggish pace of the 2021 Lakhimpur Kheri violence trial and directed the trial court to take all lawful measures to secure witness attendance while ensuring strict compliance with the witness protection scheme. The apex court's intervention comes amid alarming allegations that witnesses are being intimidated ahead of hearing dates.

What the Supreme Court Said

A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi expressed concern that not a single prosecution witness had been examined in the past two months, despite the issuance of both bailable and non-bailable warrants by the trial court. The bench observed: "We are disappointed to note that the so-called status report does not assign any reason for the non-production of witnesses on previous dates. No witness appears to have been examined for two months."

The bench also questioned the prosecution's approach, remarking: "What have you done from March till today? Instead of summoning three-four witnesses, summon seven-eight witnesses. At least those who are present can be examined."

State of the Trial

The Uttar Pradesh state government informed the apex court that in the principal trial relating to the deaths of protesting farmers, 44 prosecution witnesses have been examined and 15 witnesses discharged, while 72 witnesses still remain to be examined. In the connected trial relating to the subsequent mob violence, 26 out of 35 witnesses had already deposed, with nine witnesses still pending examination.

Notably, the apex court also recorded that despite a witness appearing before the trial court on one occasion, the prosecution chose not to examine that witness — a lapse that contributed to further delay.

Allegations of Witness Intimidation

Senior advocate Prashant Bhushan, appearing for the victims' families, alleged before the Supreme Court that witnesses were being actively intimidated. "Police are threatening witnesses before the date of hearing, that is why they are not coming," Bhushan submitted. The apex court took note of a third connected criminal proceeding concerning these allegations of witness intimidation.

Senior advocate Siddharth Dave, appearing for Ashish Mishra — the prime accused and son of former Union Minister of State for Home Affairs Ajay Mishra Teni — also confirmed that no witness examination had taken place recently despite coercive processes being issued. "No witness has been examined for the last two months. Bailable warrants issued, even non-bailable warrants issued, but no one has appeared," Dave told the court.

Court Directions and What Happens Next

Recording its dissatisfaction with the status report filed by state authorities, the Supreme Court directed the presiding judge conducting both trials to take lawful measures for securing witness attendance and to ensure compliance with the witness protection mechanism. The trial court was further directed to endeavour to conclude both criminal trials in a time-bound manner.

Regarding the pending investigation into witness intimidation allegations, the bench directed the investigating officer to conclude the remaining probe and submit the final report before the competent trial court within four weeks. This is not the first time the apex court has flagged delays — in earlier orders, it had asked the prosecution to drop unnecessary formal witnesses to expedite proceedings.

Background: The 2021 Lakhimpur Kheri Violence

In October 2021, eight people were killed in Tikunia in Lakhimpur Kheri district when violence erupted during protests against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya. According to the UP Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was reportedly seated. The case has since drawn sustained scrutiny from the Supreme Court over the pace of justice delivery.