SC directs UP govt to replace prosecutor in Lakhimpur case
New Delhi, Sept. 23 -- The Supreme Court on Tuesday directed the Uttar Pradesh government to replace the public prosecutor conducting the Lakhimpur violence trial against Ashish Mishra, son of former Union minister Ajay Mishra, after the victims told the court that the prosecutor was giving up crucial eyewitnesses in the case. Mishra is accused of mowing down farmers who had gathered to protest against the now-repealed farm laws in 2021 when his father was a central government minister.
A bench headed by Chief Justice of India (CJI) Surya Kant directed the Uttar Pradesh government to replace the incumbent prosecutor with a senior public prosecutor having a "fair experience" of conducting trial within two weeks. The bench, also comprising justices Joymalya Bagchi and V Mohana, said, "What is unusual is that on a given date when the witnesses are called, why should the public prosecutor give up those witnesses. They are eyewitnesses. This may not be a very fair prosecution if the public prosecutor gives up on witnesses."
The order was passed on an application moved by the victims raising concerns over the prosecutor giving up on crucial witnesses and the presiding officer intimidating witnesses by issuing non-bailable warrants against a witness who sought exemption from appearance on medical grounds.
Advocate Prashant Bhushan, appearing for the victims, said that the presiding judge is facing an administrative enquiry initiated by the high court after some "disturbing" things were noted in his court. Bhushan said that the judicial officer in question has invited scrutiny for withdrawing to himself cases under SC/ST and Prevention of Atrocities Act and Narcotics Drugs and Psychotropic Substances Acts and granting bail and acquitting persons in many cases.
"There will be gross miscarriage of justice if this presiding officer continues. Even in this case, where a witness produced an illness slip along with a medical certificate, NBW was issued. The police went to the witness' house and intimidated the family pursuant to which the witness does not want to appear anymore," Bhushan said, requesting the presiding officer to be changed....
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