Kheri case: UP changes PP; SC asks Allahabad HC CJ to decide on trial judge

SC seeks report from Allahabad HC

NEW DELHI: Uttar Pradesh government informed Supreme Court on Monday that it has decided to replace the public prosecutor in the 2021 case of farmers being mowed down in Lakhimpur Kheri, but said allegations against the outgoing PP by the witness were unfounded.

Former minister Ajay Mishra's son Ashish is an accused in the case.A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana also forwarded the vigilance report on the trial judge, placed before it in a sealed cover, to the Allahabad HC chief justice for appropriate decision. The witness had accused the judge of improperly withdrawing to himself cases under NDPS and SC/ST Act and acquitting the accused.UP standing counsel Ruchira Goel said the earlier PP was a seasoned prosecutor of 16 years and had not given up key witnesses as alleged.

If doubts cast, better to replace PP: UP counsel

She said there were certain witnesses who had died and others had turned hostile, which he had given up. The bench said it understood the predicament but said whenever doubts were cast on the PP which would affect a free and fair trial, it was better to replace him.“We are not casting any aspersion on the professional ability of the earlier PP,” the bench said.Appearing for Mishra, senior advocate Siddharth Dave accused the witness of attempting to prejudice the trial, the PP and the trial judge by making wild allegations and trying to coerce them to record a conviction.

“Every now and then, the witness threatens the trial judge and the PP by stating that he will complain to SC,” he said.The bench said the state had done a commendable job by replacing the PP but clarified, “We are not saying anything against anyone. Our only concern is that the trial should proceed smoothly in a free and fair manner.” The bench, which is monitoring progress of the trial, was informed that 86 of 131 witnesses in the case had been examined.

The SC posted further hearing after two weeks.The case relates to an Oct 2021 incident when Ashish Mishra allegedly ran over protesting farmers with his SUV, killing four of them. A mob of farmers then lynched the driver of the vehicle and two BJP workers. A journalist was also killed in the violence. Ashish is on bail and is barred from residing in his hometown Lakhimpur Kheri.UP standing counsel Ruchira Goel said the earlier PP was a seasoned prosecutor of 16 years and had not given up key witnesses as alleged.