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Supreme Court Seeks Allahabad High Court Report on Trial Judge in Lakhimpur Kheri Violence Case

By Drooid · · How we work

Core Event: Supreme Court Directs Inquiry into Trial-Judge Conduct

On September 22, 2026, a three-judge Supreme Court bench headed by Chief Justice Surya Kant ordered the Chief Justice of the Allahabad High Court to investigate allegations raised by senior advocate Prashant Bhushan against the district and sessions judge handling the 2021 Lakhimpur Kheri violence trial. The bench also directed the Uttar Pradesh government to appoint a senior public prosecutor and to submit a sealed-cover report on the judge’s conduct before the next hearing.

Background & Context

The violence erupted on October 3, 2021 in Tikunia, Lakhimpur Kheri, when a convoy linked to Ashish Mishra, son of former Union Minister Ajay Mishra, ran into protesting farmers, killing eight. On December 6, 2022, a district court framed murder and conspiracy charges against Mishra and twelve co-accused.

Timeline

  • Dec 6 2022 – Charges framed.
  • Apr 15 – Retirement of previous trial judge; new judge assumes case.
  • Apr 17 – Witness Sher Singh submits medical slip; court issues non-bailable warrant.
  • Apr 22 – Warrant cancelled; Singh declines to testify.

Data & Statistics

  • Deaths: 8 (four farmers, two BJP workers, one driver, one journalist).
  • Accused: 13.
  • Prosecutorial experience: Newly appointed prosecutor has four months of trial experience, per Bhushan.

Official Statements & Responses

Chief Justice Surya Kant recalled the Supreme Court’s earlier directive to expedite the trial and noted the bench could order non-appearance actions when witnesses fail to appear “with a satisfactory explanation.” Justice Bagchi clarified that the Supreme Court does not supervise the trial judge; grievances must go to the Allahabad High Court. The bench gave the Uttar Pradesh government two weeks to name a senior prosecutor.

Criticism & Opposition

  • Shifted NDPS and SC/ST cases to himself, granting bail or acquitting accused.
  • Issued a non-bailable warrant against Sher Singh despite a medical excuse and allegedly intimidated the witness’s family.
  • Ignored a missing page of the site plan showing vehicle movements.
  • Retained a junior prosecutor with only four months’ experience, compromising trial integrity.

Bhushan warned that the judge’s continued involvement could cause a “gross miscarriage of justice.”

Conflicting Reports & Gaps

  • Judge’s conduct: Bhushan calls it “shocking”; the bench says a non-bailable warrant is not unusual and points to prosecutorial issues.
  • Missing site plan: Bhushan says the page was never examined; police later produced it without an inquiry.
  • Prosecutorial change: Bhushan highlights inexperience; the court focuses on appointing a senior prosecutor.

Verbatim Quotes

  • “We have no superintendence over the officer which is vested with the High Court concerned. So, you must take it up with the High Court.” — Justice Bagchi
  • “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

What’s Next

The Allahabad High Court must submit a sealed-cover report on the judge’s alleged irregularities within two weeks and record the appointment of a senior prosecutor. The Supreme Court will review the findings at its next hearing.