New Delhi [India], September 22 (ANI): The Supreme Court on Tuesday asked the Uttar Pradesh government to respond to a request for the appointment of a senior public prosecutor with greater experience to conduct the trial arising from the 2021 violence in which eight people were killed, and sought a sealed-cover report from the Allahabad High Court Chief Justice on the handling of the trial by the new judge.
The directions came after Advocate Prashant Bhushan, appearing for the complainants, raised concerns over the conduct of the newly appointed trial judge and public prosecutor, particularly in relation to key eyewitnesses in the case.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana directed the Court’s Registry to forward a copy of the complainant’s interlocutory application and the Court’s Tuesday order to the Chief Justice of the Allahabad High Court.
The Chief Justice of the HC has been requested to examine the concerns raised in the application and take appropriate remedial action. The High Court has been asked to submit its report to the Supreme Court in a sealed cover, based on the action taken by the Chief Justice in the case.
The directions came after Senior Advocate Prashant Bhushan, appearing for the complainants, brought to the Court’s attention what he described as new and shocking circumstances following the appointment of a new trial judge and a new public prosecutor.
Bhushan raised concerns over the treatment of a key eyewitness, Sher Singh. He told the Court that the trial judge had issued a non-bailable warrant against the witness despite an illness slip being submitted on his behalf for his inability to join trial proceedings.
He further said that the trial judge had summoned three other witnesses for the following day.
The submissions prompted the Court to question the prosecution’s handling of the witnesses.
Justice Joymalya Bagchi questioned the position taken by the public prosecutor that an eyewitness who had been summoned was now unwilling to appear. The Court observed that the prosecutor’s conduct towards the handling of key eyewitness in the case could cause injustice to the case.
Bhushan argued that the incident had taken place in broad daylight when an SUV mowed down and killed people and that failure to properly examine key eyewitnesses could result in a gross miscarriage of justice in the case.
He also raised broader concerns over the manner in which the trial judge was conducting proceedings, saying the concerns were not confined to the present case. Bhushan questioned the conduct of the trial judge in other cases, referring to the judge’s handling of cases under the NDPS Act and the SC/ST Act. He alleged that the judge grants bails and acquittals in all such cases.
The two courts however, said it is not concerned with the judges’ handling of other cases. But it asked the Chief Justice of the Allahabad HC to monitor the trial and subsequently submit a sealed cover report. It also asked the High Court CJ to take action of the latter deems it necessary.
The complainants also sought the appointment of a senior public prosecutor with adequate experience in conducting trials.
The Court directed that copies of the interlocutory application filed by the complainant and its order be forwarded to the Chief Justice of the Allahabad High Court. It asked the Chief Justice to examine the concerns and take such remedial action as considered appropriate.
The High Court’s report is to be placed before the Supreme Court in a sealed cover. The matter was posted after two weeks.
The case relates to the October 3, 2021 violence in Tikunia, Lakhimpur Kheri, in which eight people were killed. Ashish Mishra, son of then Union Minister Ajay Mishra, is accused in connection with the incident in which an SUV allegedly ran over protesting farmers.
The Supreme Court has previously directed the trial court to expedite the proceedings and ensure protection of key eyewitnesses. (ANI)
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