NEW DELHI, Aug 7: The Supreme Court today directed the Uttar Pradesh Police to verify a complaint alleging threats and inducements made to prevent a key witness from deposing in the 2021 Lakhimpur Kheri violence case involving Ashish Mishra, son of former Union Minister Ajay Kumar Mishra.
The Court expressed strong dissatisfaction with the state’s failure to register an FIR despite a formal complaint being filed.
A bench comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh said, “That may not be a satisfactory explanation on behalf of the police. If the complainant has been reluctant to come forward, a senior police officer should visit him and verify the complaint. If such contents are acknowledged, the police must investigate. Necessary consequences must follow.”
The Court further ordered the Senior Superintendent of Police, Lucknow, to file an affidavit verifying the complaint by witness Baljinder Singh, and submit a fresh status report before the next hearing.
The bench also directed the Trial Court to examine as many witnesses as possible during the next hearing scheduled for August 20.
Advocate Prashant Bhushan, appearing for the victims, submitted that the Court had earlier, on March 24, granted liberty to Baljinder Singh to file a complaint about the alleged inducement and threats he received.
He informed the bench that a written complaint was submitted on June 20, citing threats of dire consequences and a bribe offer of Rs 1 lakh to dissuade Singh from testifying.
However, no FIR was registered despite the Supreme Court’s ruling in Lalita Kumari v. Government of Uttar Pradesh, which mandates registration of FIRs within one week when a cognizable offence is disclosed.
UP Senior Additional Advocate General Garima Prashad said that Singh was summoned by the Superintendent of Police but failed to appear, which was why no FIR was lodged.
Unimpressed, Justice Surya Kant remarked, “Where a complaint is received, which prima facie discloses a cognizable offence, and if the complainant is not coming forward, what’s wrong if your police officer goes there and finds out ”
To this, Prashad assured the Court that the police would act accordingly.
Bhushan added that if the contents of the complaint are found to be true, Ashish Mishra’s bail would require cancellation.
This was strongly opposed by Senior Advocate Siddharth Dave, representing Mishra, who argued that no evidence had yet been produced to establish inducement or threat on Mishra’s behalf.
Dave further stated that the Trial Court has examined 20 witnesses since the last date, while another 20 were dropped by the prosecution. He also alleged that despite regular hearings three times a month, witnesses often fail to appear.
While Bhushan urged the Court to order a day-to-day trial, the bench refrained, noting that such a direction could adversely impact other pending cases.
The case stems from the October 2021 incident in Lakhimpur Kheri, where five persons were killed after vehicles from Ashish Mishra’s convoy allegedly ran over a group of protesting farmers.
The incident triggered national outrage, especially as Mishra’s father was then a serving Union Minister.
The Supreme Court took suo motu cognisance of the matter, criticising the UP Police for their initial inaction. Mishra was arrested following the Court’s intervention.
In February 2022, the Allahabad High Court granted bail to Mishra, which was later cancelled by the Supreme Court in April 2022.
The apex court found that the High Court had relied on irrelevant considerations and ignored vital facts while granting bail.
The High Court, upon reconsideration, dismissed Mishra’s renewed bail plea.
In January 2023, the Supreme Court granted interim bail for eight weeks, which was extended periodically and later made absolute.
Mishra was permitted to stay in either Lucknow or Delhi.
In November 2024, the Court sought his response to witness tampering allegations. In January 2025, it ordered the Superintendent of Police, Lakhimpur, to conduct a fact-finding inquiry.
In May this year, the Court slightly relaxed his bail conditions, allowing Mishra to visit Lakhimpur Kheri every Saturday evening, provided he returns to Lucknow by Sunday evening and refrains from participating in public or political events during these visits.
The matter is now slated for further hearing on August 20, by which time the police must file a verified report on Baljinder Singh’s complaint. (UNI)
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