The Supreme Court on Thursday (October 9, 2025) was informed that an FIR had been registered against former Union Minister and BJP leader Ajay Mishra, his son Ashish Mishra, and two others for allegedly threatening a key witness in the Lakhimpur Kheri killings case. The October 3, 2021, incident claimed eight lives, including those of four farmers who were mowed down during a protest against the now-scrapped farm laws.
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A Bench of Justices Surya Kant and Joymalya Baghchi was apprised by the Uttar Pradesh (UP) police that the allegation made by the witness was found to have “some substance.” Consequently, an FIR was registered under Sections 195A (threatening any person to give false evidence), 506 (criminal intimidation), and 120B (criminal conspiracy) of the Indian Penal Code at the Padua police station in Lakhimpur Kheri.
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In its affidavit, the State informed the court that a Deputy Superintendent of Police (DSP) had been deputed to Punjab, where the witness, Baljinder Singh, resides. His statement was recorded there, during which he confirmed that he had been under pressure not to depose during the trial, following which the FIR was registered. The affidavit further stated that armed police protection has been extended to him and his family.
Mr. Singh had approached the apex court in January, alleging that he had received a threatening call warning him against deposing in the trial. The registration of the FIR follows the court’s sharp criticism of the U.P. police on August 7 for its prolonged inaction on the complaint alleging threats to the witness. The police had cited the complainant’s unwillingness to visit the police station as the reason for the delay. The court had then observed that, in such circumstances, a senior officer ought to have personally visited the complainant to verify the contents of the written complaint.
Senior office to probe threat complaint
Advocate Prashant Bhushan, appearing for the witness, urged that the investigation be entrusted to a DSP-level officer, citing the sensitivity of the case and the stature of the accused. However, senior advocate Siddharth Dave, representing Ashish Mishra, opposed the plea.
Acceding to Mr. Bhushan’s submission, the Bench directed that the officer who had recorded the witness’s statement or another “officer of equivalent rank” should be assigned to head the investigation. It further directed the U.P. police to place on record the latest status of the probe on the next date of hearing.
Mr. Bhushan also pressed for directions to ensure the expeditious conduct of the trial, pointing out that the trial court was hearing the matter infrequently and that 99 witnesses were yet to be examined. “This is a serious case. The trial should be conducted expeditiously. It should not meet the same fate as several other important trials in the country,” he said.
However, Justice Kant declined to issue such a direction, observing that it would “directly amount to monitoring of the trial by this court.” He further reasoned that issuing such an order could at times inconvenience witnesses and disrupt the progress of other cases.
Mishra allowed Diwali visit
Mr. Dave also sought permission for his client to visit his hometown during Diwali to be with his family. “I seek your Lordships’ permission for him to be present there during the festival, subject to such conditions as your Lordships may deem fit,” he submitted.
Mr. Mishra’s bail conditions prohibit him from entering Lakhimpur Kheri except when required for trial. The Bench allowed the request but clarified that all stringent conditions imposed under its March 24, 2025, order would remain in force. It also recorded his undertaking to return from Lakhimpur on October 22. Earlier, the court had granted him a two-day relaxation to visit his hometown for the Ram Navami festival on April 5 and 6, subject to the condition that no party workers or functionaries be present during the celebrations.
Ashish Mishra was arrested within six days of the October 3, 2021, incident. According to the police charge sheet, the killings were premeditated. Mr. Mishra allegedly arrived at the protest site in a Mahindra Thar SUV accompanied by a convoy of vehicles, one of which ploughed into a group of farmers. A journalist was also among the deceased.
In the violence that followed, enraged farmers allegedly pulled three occupants out of one of the vehicles and lynched them. A separate criminal case was registered in connection with the lynching, which remains pending trial. The accused farmers in that case were granted bail in January 2023.
Mr. Mishra was granted interim bail by the Supreme Court on January 25, 2023, subject to stringent conditions restricting his movement and prohibiting him, his family members, or his supporters from influencing or threatening witnesses. Earlier, the Allahabad High Court had denied him bail in July 2022.