Replace Lakhimpur Kheri trial public prosecutor, recall witnesses: SC to UP
NEW DELHI: Giving a twist to the five-year-old Lakhimpur Kheri case in which Asish Mishra, the son of former Union minister Ajay Mishra, is accused of mowing down four protesting farmers with his vehicle, advocate Prashant Bhushan Tuesday accused the trial judge of attempting to intimidate witnesses and derail the trial.Bhushan told a SC bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana that when a prime witness had sought deferment of his deposition on medical grounds, the trial judge issued non-bailable arrest warrants against him.
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“The judicial officer needs to be changed. Otherwise, there will be a complete miscarriage of justice, I can guarantee that,” Bhushan said.He said the judge was causing havoc in the district as he took NDPS and SC/ST Act cases for himself and acquitted the accused.The bench said it was more worrying that the public prosecutor had been giving up on testimonies of vital witnesses. The court asked UP govt to ensure that the present public prosecutor was replaced with a seasoned one or the most senior in the district. It also told the state to instruct the new public prosecutor to recall witnesses who had been given up by the prosecution to depose before the trial court.Referring to allegations of a large number of acquittals rendered by the trial judge in serious cases, the bench asked the SC registry to forward Bhushan’s complaint to the Allahabad HC Chief Justice and requested him to take necessary action. It asked the HC registry to file an action taken report before SC.Last Oct, court had asked UP police to examine allegations of attempts by Mishra to influence witnesses. Mishra is out on bail but has been barred from residing in Lakhimpur Kheri, his hometown.
