The Supreme Court has permitted Ashish Mishra alias Monu, an accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown to celebrate Diwali with his family and close relatives, subject to conditions imposed in an earlier order. The Court directed him to return by November 16, 2026.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the order in Ashish Mishra Alias Monu v. State of U.P., SLP (Crl.) No. 7857 of 2022.
Background
The case arises from the October 3, 2021 incident in Lakhimpur Kheri, Uttar Pradesh, in which eight people were killed amid violence during a farmers' protest. Mishra faces criminal charges in connection with the incident.
The Supreme Court had previously granted him bail with restrictions on his movement. Those conditions were subsequently relaxed on certain occasions, while the Court continued monitoring the trial's progress.
During the hearing, Advocate Ruchira Goel, appearing for Uttar Pradesh, informed the Bench that a Special Public Prosecutor had been appointed. Of the 131 prosecution witnesses, 90 had been examined, leaving 41 to be examined.
Chief Justice Surya Kant emphasised that the prosecution must ensure the trial proceeds without unnecessary delay while preserving a fair opportunity to examine witnesses.
The Chief Justice observed,
"Let the trial be timely concluded. There should not be a tearing hurry, but there also should not be prolonged delay. Balance has to be maintained by the prosecution."
Advocate Prashant Bhushan, representing the victims, expressed satisfaction with developments concerning the trial judge's transfer. Senior Advocate Siddharth Dave, appearing for Mishra, submitted that the transfer was a routine administrative exercise.
The Chief Justice clarified,
"We are not saying anything against anyone. Whatever correctional measures the High Court has taken, good enough."
Senior Advocate Siddharth Dave sought permission for Mishra to visit his hometown during Diwali, referring to similar relaxations granted previously.
Allowing the request, the Bench ordered,
"The petitioner is permitted to visit his hometown in Lakhimpur Kheri to celebrate the coming Diwali festival with family and close relatives, subject to the conditions imposed earlier."
The Court directed Mishra to return by November 16, 2026.
