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Lakhimpur Kheri Case: SC Permits Ashish Mishra to Visit Hometown for Diwali Amid Witness Threat Claims

In the ongoing Lakhimpur Kheri violence case involving Ashish Mishra, son of former Union Minister Ajay Mishra Teni, the Supreme Court was informed that a key witness has alleged intimidation and expressed his intention to take legal action.

The Uttar Pradesh Police told the Court that the witness’s statement has been recorded and an FIR was filed on 4 October 2025 under Sections 195A, 506, and 120B of the Indian Penal Code for alleged threats and criminal conspiracy. “A Deputy Secretary recorded the witness’s statement, who confirmed he was under pressure,” the State’s counsel informed the bench.

A Division Bench of Justices Surya Kant and Joymalya Baghchi directed that since the preliminary inquiry was carried out by a Deputy Superintendent of Police (DSP), the investigation should continue under an officer of the same rank. The Court also asked the State to submit the status of the ongoing investigation.

According to reports, the FIR names Ashish Mishra and his father, Ajay Mishra Teni, as accused in the intimidation case.

Meanwhile, on Mishra’s request, the Supreme Court allowed him to visit his hometown Lakhimpur Kheri for Diwali celebrations. The bench said that the same conditions imposed in its earlier order dated 24 March 2025—when he was allowed to visit for Ram Navami—will continue to apply. Mishra has undertaken to return by October 22.

Earlier, the Supreme Court had instructed the Uttar Pradesh Police to verify the witness’s complaint of threats and to take suitable action. It had also asked the Trial Court to record the testimony of as many witnesses as possible.

During Thursday’s hearing, Senior Advocate Siddharth Dave (for Mishra), the State counsel, and Advocate Prashant Bhushan (for the complainant) updated the Court on the trial’s progress. So far, 23 prosecution witnesses have been examined, 9 have been dropped, 2 remain unserved, and the remaining have been summoned for the next hearing on October 27. The State said the total number of witnesses was revised to 131 from 208, while Bhushan pointed out that 99 are still to be examined.

Bhushan urged the Court to order a faster trial—ideally twice a week—but Justice Surya Kant refused, stating that such directions could indirectly lead to the Supreme Court monitoring the trial. The bench also noted that accelerated hearings might disadvantage other litigants whose cases are pending before the same court.

Case Background

The Lakhimpur Kheri violence took place in October 2021 when vehicles in Ashish Mishra’s convoy allegedly mowed down protesting farmers, killing five people. The incident triggered major political outrage as Mishra’s father, Ajay Mishra, was then a Union Minister.

Following the Supreme Court’s intervention, Mishra was arrested after criticism of the Uttar Pradesh Police for delays. His bail, initially granted by the Allahabad High Court in February 2022, was set aside by the Supreme Court in April 2022, citing irregularities.

He was later granted interim bail in January 2023 with several conditions, which were later made permanent. Mishra was allowed to reside in Delhi or Lucknow but was barred from public or political engagements.

In November 2024, the Court sought his response to allegations of threatening witnesses. In January 2025, it ordered a fact-finding inquiry by the Lakhimpur Superintendent of Police. By May, Mishra was permitted weekly private visits to his hometown on weekends under strict conditions.

Case Title: Ashish Mishra Alias Monu v. State of Uttar Pradesh
SLP (Crl) No. 7857/2022

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