New Delhi: The Supreme Court has pulled up the Uttar Pradesh government for not arresting the accused despite registering of FIR in the Lakhimpur Kheri incident in which the Union Minister’s son Ashish Mishra was named as prime accused.

A three-member bench comprising Chief Justice N.V. Ramana, Justice Surya Kant and Justice Hima Kohli expressed its displeasure on UP government for not arresting the accused. CJI observed that the court has not been satisfied with the action taken by the UP police.

Senior Advocate, Harish Salve assured the court he will satisfy the court and also apprise the Court of an alternative agency that can conduct the probe. He also assured the court that the highest police officer in the state will be informed to preserve the evidence in the case.

Chief Justice bench observed that the court has not satisfied with the step taken by the UP government. “We don't know if the good probe is conducted in this case because of the officers involved. Please ask the DGP to ensure that the evidence is protected and not destroy all in the interim by the time another agency takes it over”, CJI observed, Bar and Bench reported.

Mr. Salave submitted that in the post mortem report there are no bullet wounds, thus 160 Cr.PC notice was sent, but the manner in which the car was driven, allegations are true. The allegations are true and it is a clear case of murder under section 302 of IPC, he stated.

Minister’s son Ashish Mishra who allegedly mowed down protesting farmers with his SUV, though police summoned him for questioning, did not turn up. Taking note of the non-arrest of the accused, the CJI observed that when there are serious allegations of death or gunshot injury, will other accused in this country be treated that same way?, he questioned Mr. Hairsh Salve.

When Mr. Harish Salve stated that there is no bullet injury on dead bodies, the CJI questioned him that this is a ground for not taking custody of the accused, he further observed that looking at the way the investigation was proceeding, it did not seem that the authorities were serious.

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It is a brutal murder of 8 persons, law must take its course against all accused, Justice Kant observed. Salve assured that within two days, all the shortfall would be addressed. The court has asked whether the state government has sought CBI enquiry in the matter, Mr. Harish Salve replied that “the state government has not made any such request. It is left to court for order CBI probe, if Court is not satisfied with the progress of the investigation, hand it over CBI”, Salve submitted, Bar and Bench reported.

Court has adjourned the hearing after Dassara vacation, meanwhile, the bench has directed the state government to preserve the evidence, hinting at handing over the investigation to CBI.