If Complainant Is Not Coming Forward, Police Can Go And Examine: Supreme Court While Hearing Plea In Lakhimpur Kheri Violence Case

Today, the Supreme Court while hearing the Lakhimpur violence case orally remarked that if the complainant is not coming forward, the Police can go and examine the matter.

Ashish Mishra, the son of former Union minister Ajay Mishra, was implicated in the incident that resulted in the tragic deaths of innocent individuals, in the 2021 Lakhimpur Kheri violence case.

The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N. Kotiswar Singh directed that in case the complainant was reluctant in coming forward, some senior Police Officers can be deputed to visit the place of the complainant and verify that the complaint has been made by him, whether he admits the contents of the complaint and the contents are in his knowledge.

Senior AAG Garima Prasad, for the State of Uttar Pradesh, apprised the Court that total twenty witnesses have been examined by the trial court and the list of witnesses include two hundred eight witnesses.

However, Senior Advocate Siddharth Dave, appearing for the Applicant, appraised the Court further that twenty witnesses has been removed from the list.

Advocate Prashant Bhushan, appearing for the Complainant, referred to an earlier order of the Court and highlighted that one Baljinder Singh was granted liberty to file complaint to Police Authorities regarding the threat made to him, however, no FIR was registered.

Upon which, Prasad submitted that the said person was called by the Superintendent of Police, however, he has not come forward yet.

“If a complaint is received and disclosed a prima facie cognizable offence…for reasons unknown to you the Complainant is not coming forward, what’s wrong with it if Police Officers go there and find out?”, remarked Justice Kant.

Bhushan submitted that if substance is found in Baljinder Singh’s complaint, the Applicant’s bail has to be cancelled. Upon which, Dave argued that such allegations had been made repeatedly.

Bhushan further suggested a day-to-day trial for examination of witnesses as it is an important case wherein several farmers were killed.

Later, the Court recorded in its order, “We direct the Prosecution to produce sufficient witnesses so that the entire day the Trial Court can record their statements. The Trial Court will also ensure that the statements of as many as persons present on record can be recorded.”

With regard to Bhushan’s contention that no FIR has been registered on the complaint of Baljinder Singh, the Supreme Court noted that in case the complainant was reluctant in coming forward, some senior Police Officers can be deputed to visit the place of the complainant and verify that the complaint has been made by him, whether he admits the contents of the complaint and the contents are in his knowledge. Thereafter, the Police Authorities shall take the consequential steps.

The Court further directed the Police Authorities to file an affidavit after the verification of the complaint filed by Baljinder Singh.

Case Background

Earlier, the Supreme Court granted bail to Ashish Mishra, son of former Union minister Ajay Mishra, who was implicated in the incident that resulted in the tragic deaths of eight individuals, in the 2021 Lakhimpur Kheri violence case.

Pertinently, on February 12, 2024 the Supreme Court had extended the interim bail granted to Mishra.

According to the Uttar Pradesh Police's FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following the incident, the driver of the SUV and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

Cause Title: Ashish Mishra Alias Monu V. State Of U.P. (SLP(Crl) No. 7857/2022 II)

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