Supreme Court Allows Ashish Mishra to Visit Hometown for Diwali, Stresses Timely Trial
The Supreme Court of India has allowed Ashish Mishra, an accused in the 2021 Lakhimpur Kheri violence case and son of former Union minister Ajay Mishra, to visit his hometown to celebrate Diwali with family members and close relatives. The permission is subject to the bail conditions imposed earlier by the court.
The order was passed on October 26, 2026, by a three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana. While permitting the visit, the bench stressed that the ongoing trial must be completed within a reasonable timeframe and should neither be rushed nor allowed to suffer prolonged delays.
Mishra is currently out on bail but had been restricted from entering Lakhimpur Kheri under earlier court directions. His counsel, senior advocate Siddharth Dave, requested permission for the Diwali visit, referring to similar relaxations granted on previous occasions.
Supreme Court Calls for a Balanced Trial Process
During the hearing, the bench emphasised the importance of maintaining a balance between the timely completion of the trial and the need to conduct proceedings fairly. The court said that there should be no undue haste, but there should also be no prolonged delay.
The bench placed responsibility on the prosecution to ensure that the proceedings move forward appropriately. The observations came as the court reviewed developments in a case that has remained under judicial scrutiny since the violence in October 2021.
The Supreme Court was informed that 90 out of 131 witnesses had been examined. The appointment of a new special public prosecutor was also brought to the bench's attention.
The court's latest observations underline the need for the remaining witnesses to be examined and the trial to progress in accordance with the law. The permission to travel for Diwali does not change the underlying criminal proceedings or determine the outcome of the case.
Background to the Lakhimpur Kheri Violence
The case relates to violence that occurred on October 3, 2021, in Tikunia in Uttar Pradesh's Lakhimpur Kheri district. The incident took place during a farmers' protest against the now-repealed central farm laws and ahead of a planned visit by Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya.
According to the prosecution's case, a vehicle associated with the convoy of former Union minister Ajay Mishra ran over protesting farmers. The incident was followed by further violence in the area.
Eight people died in the episode, including four farmers, a journalist, the driver of a vehicle and two BJP workers. The deaths led to widespread political controversy and criminal proceedings.
Ashish Mishra is the main accused in the case. He has denied the allegations through his legal proceedings and remains on bail while the trial continues. In December 2023, the trial court framed charges against Mishra and 12 other accused, including charges relating to murder and criminal conspiracy. The charges are allegations to be tested through the judicial process.
Trial Judge Transferred Following Concerns Raised in Court
The Supreme Court was also informed that the judicial officer handling the trial had been transferred by the Allahabad High Court. Lokesh Rai took over as the District and Sessions Judge in Lakhimpur Kheri, replacing Shiv Kumar Singh, who had been hearing the case.
The transfer followed concerns raised by representatives of the victims' families about the handling of the proceedings. The Supreme Court had asked the Chief Justice of the Allahabad High Court to examine the concerns and take appropriate remedial action.
The allegations concerning the previous presiding officer were brought before the court by counsel representing the victims. The transfer itself should not be treated as proof of wrongdoing by the judge. The Supreme Court clarified during the proceedings that its directions were intended to ensure appropriate administrative consideration of the concerns raised.
The Uttar Pradesh government also appointed advocate Kapil Katiyar as special public prosecutor to represent the state in the trial, replacing the previous prosecutor. These changes form part of the latest developments in the proceedings.
Victims' Counsel and Prosecution Updates
Advocate Prashant Bhushan, appearing for the victims, informed the court about the concerns raised by the families and acknowledged the recent developments in the case. The court was told that the new prosecutor had been appointed and that a substantial number of witnesses had already been examined.
The progress figures indicate that the trial has advanced, but witnesses remain to be examined. The Supreme Court's emphasis on timely completion reflects the need to move the case forward while ensuring that the prosecution and defence have a fair opportunity to present their respective cases.
The court has been monitoring the trial's progress and has previously raised concerns about delays in witness examination. The latest hearing continued that focus on ensuring that the case proceeds without unnecessary postponements.
Bail Conditions Remain in Force
The Supreme Court's permission allows Mishra to visit his hometown for the Diwali festival with family and close relatives. The court made clear that the existing bail conditions continue to apply.
The travel permission is a limited relaxation and should not be interpreted as a finding on the merits of the criminal case. Mishra remains an accused facing trial, and the court has not concluded the proceedings against him through this order.
Reports published after the hearing have not been consistent about the precise return date mentioned in the order. The date should therefore be checked against the official court order before being included in a publication.
Case Continues Under Supreme Court Monitoring
The Lakhimpur Kheri violence case remains a significant criminal proceeding arising from the 2021 incident. The Supreme Court's latest directions focus on balancing the need for a fair trial with the importance of avoiding unnecessary delay.
With 90 of 131 witnesses reportedly examined, the prosecution must continue presenting its evidence, while the court is expected to oversee progress in accordance with legal procedure. The transfer of the trial judge and appointment of a new special public prosecutor are among the recent developments.
As of October 26, 2026, Ashish Mishra has been permitted to visit his hometown for Diwali under existing bail conditions. The trial remains ongoing, and the Supreme Court has reiterated that it should reach its conclusion in a timely and fair manner.
