The Supreme Court today expressed dissatisfaction over the slow pace of trial in the 2021 Lakhimpur Kheri violence cases, observing that no witnesses appeared to have been examined for the past few months.
During the hearing, the Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi questioned the prosecution over repeated non-production of witnesses and sought clarity on the progress of trial proceedings. Referring to the status report, the Court remarked:
“We are not satisfied. We are disappointed to note that for the non-production of witnesses on previous dates, no witness appears to have been examined for the last few months.”
The Bench further observed that in such cases, trial courts should summon more witnesses than required for a particular date to avoid delays if some fail to appear.
“Suppose you find that the trial court will be able to examine 3 or 4 witnesses. Instead of 3 or 4, you summon several witnesses. One or two, if deliberately or for some bona fide reason, don’t turn up, at least others can be examined.”
Senior Advocate Prashant Bhushan, appearing in the matter, alleged that “something quite disturbing” was happening during the course of the trial and stated that certain witnesses were allegedly being approached and threatened before their examination dates.
“Apparently what has happened is that the police has been going to the residences of some of the witnesses before the date and saying something to them, threatening them, etc. As a result of which they are now refusing to disclose.”
The Court also took note of submissions regarding an earlier audio recording allegedly showing attempts to influence witnesses. It was informed that a chargesheet had already been filed against one accused person in connection with the alleged witness intimidation, while the role of another person continued to remain under investigation.
The court noted that out of 131 prosecution witnesses in one of the trial cases, 44 witnesses had been examined so far, while in another connected matter, 26 out of 35 witnesses had already been examined. Expressing concern over the delay, the Bench observed:
“We are not satisfied. We are disappointed to note that for the non-production of witnesses on previous dates, no witness appears to have been examined for the last few months.”
The Bench directed the presiding officer to ensure meticulous compliance with the Witness Protection Scheme and to take lawful measures to secure the presence of witnesses in both cases. The Court further ordered that the trial be concluded in a time-bound manner and directed the investigating officer to conclude the pending investigation concerning alleged witness influence expeditiously.