The Supreme Court is hearing a suo motu case arising from the Lakhimpur Kheri violence, in which eight persons, including farmers, were killed. Of these, four were farmers, who were allegedly knocked down by vehicle of Ashish Mishra, son of Union Minister Ajay Mishra Teni. Yesterday, the court had asked the UP government to file a status report by today specifying action taken and the eight who were killed on Sunday during a protest. The matter is being heard by a Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli. The Uttar Pradesh Police on Thursday arrested two men in connection with the October 3 violence in Lakhimpur Kheri district. The Uttar Pradesh police have served a notice to Ashish and summoned him for questioning at 10 am today. Meanwhile, the Samyukt Kisan Morcha (SKM), which is spearheading the farmers’ agitation against the Centre’s farm laws, will hold a meeting today (October 8) to discuss the next course of action.
Asking the UP DGP to ensure that the evidence was protected and not destroyed by the time another agency took over the investigation, the Bench posted the matter for October 20.
“The charges are very serious…What’s the message we are sending? Is it the same way we treat other accused too — like sending notices, etc?” the Bench — which also included Justice Surya Kant and Justice Hima Kohli — asked senior advocate Harish Salve, who represented the Uttar Pradesh government.
The court’s comments came after Salve said some arrests had been made and a notice had been sent to an accused asking him to join the investigation on Saturday and that warrants would be issued if he failed to appear before the police.
Terming the murder of eight people as “brutal”, the Bench said, “If a Section 302 (murder) case is registered the accused has to be apprehended immediately… The law must take its own course against all accused.”
“They (UP Police) should have done the needful,” Salve admitted even as he insisted that by the next date the investigation would be on the right track.
After perusing the details of the SIT which included the DIG, Superintendent of Police and circle officers, the Bench noted that most of them were local police officers.
As the Bench asked if there was any request by the state to hand this over to the CBI, Salve said, “It’s entirely in your Lordship’s hand. The state has not made such a request. Please have this on reopening (after Dussehra). If you are not satisfied with progress… hand it over to the CBI.”
However, the top court wasn’t very receptive to the idea of handing over the probe to the CBI.
“Mr Salve, we have respect for you. We hope the state will take necessary steps due to the sensitivity of the issue. We are not making any comments. The CBI is not a solution for reasons known to you…because of the persons….better some other persons look into it,” the CJI said.
Earlier, Salve told the Bench that the post-mortem report did not show any bullet wounds and that’s why Section 160 of the CrPC notice was sent.
“But the manner in which the car was driven, if the allegations are true, there is a 302 (murder) case,” Salve said.
The CJI said, “This is the opinion of the bench…this is a responsible state government and police… when there’s a serious allegation of death or gunshot injury…will the accused in this country be treated the same way?
