Supreme Court Seeks Allahabad High Court’s Response on Allegations Against Trial Judge
The Supreme Court of India, on Tuesday, requested the Allahabad High Court to submit a report regarding allegations made by Advocate Prashant Bhushan against the trial judge presiding over the 2021 Lakhimpur Kheri violence case (Ashish Mishra Alias Monu v State of UP). A bench composed of Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, has mandated the Uttar Pradesh government to appoint a senior, experienced public prosecutor to oversee the trial.
“Let the State government take instructions and place on record its affidavit within two weeks as to which senior, experienced public prosecutor can be allotted for the case,” directed the Supreme Court.
The Court has also instructed the Chief Justice of the Allahabad High Court, Arun Bhansali, to evaluate the allegations raised by Bhushan against the trial judge. “Let a copy of this IA also be placed before the Chief Justice of the Allahabad High Court to take note of, and let a report concerning the IA be submitted before us in a sealed cover before the next date,” the bench ordered.
Allegations of Judicial Misconduct
Advocate Prashant Bhushan, representing the victims, has accused the trial judge of independently assuming cases that were assigned to other courts and granting relief to the accused. He cited specific instances where the judge reassigned cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to himself and proceeded to grant bail.
“There are some very disturbing events which have taken place, which will shock Your Lordships’ conscience as to how this judge, who is currently dealing with it. Apparently, what he has done is quite shocking, not just in this case but in so many other cases,” Bhushan stated.
Concerns Over Trial Progress
The Supreme Court’s intervention follows its ongoing oversight of the trial stemming from the October 2021 Lakhimpur Kheri incident, resulting in the death of eight individuals. Among the accused is Ashish Mishra, son of former Union Minister Ajay Mishra. The Supreme Court had previously expressed dissatisfaction with the trial’s pace and had ordered measures to ensure witness testimony was prioritized, urging an expedited trial.
During the hearing, Bhushan criticized the trial judge’s management of an eyewitness in the Lakhimpur Kheri trial. After the retirement of the prior judge on April 15, the new judge assumed responsibility the very next day. Bhushan reported that on April 17, eyewitness Sher Singh was absent due to illness, having provided a medical certificate from a community health center. Nevertheless, the judge issued a non-bailable warrant against him.
In response, CJI Kant acknowledged that the Supreme Court had instructed the trial court to hasten proceedings. He remarked that the trial judge was within their rights to act against witnesses who failed to appear without satisfactory justification.
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Bhushan countered, asserting that the witness had already explained his absence, further alleging intimidation by police against the witness’ family, which led to the witness withdrawing from appearing. He also questioned the prosecutor’s decision not to call three other summoned witnesses.
Concerns Over Prosecution and Missing Documentation
Bhushan noted the recent replacement of the public prosecutor with an inexperienced successor, possessing only four months of experience, prompting CJI Kant to instruct the State to appoint a seasoned prosecutor.
Additionally, Bhushan raised concerns about a missing site plan pertinent to the Lakhimpur Kheri violence from the trial court records, criticizing the judge’s procedural handling of its absence. He argued for the judge’s removal to prevent a “gross miscarriage of justice.”
Justice Bagchi clarified that administrative oversight of the trial judge lies with the Allahabad High Court, not the Supreme Court. Consequently, the Supreme Court directed that Bhushan’s application be reviewed by the Chief Justice of the Allahabad High Court.
