"We think you are dragging your feet", Supreme Court told UP govt on Lakhimpur Kheri violence
Apex Court once again pulled up the UP police for not conducting a fair investigation in the case. Out of ten accused arrested, UP police have taken only 4 for police custody and others were sent to judicial custody.
New Delhi: The Supreme Court has once again pulled up the Uttar Pradesh government for "dragging its feet" while investigating the Lakhimpur Kheri incident, in which eight persons were killed including four farmers.
The Bench headed by Chief Justice of India N.V. Ramana and Justices Surya Kant and Hima Kohli observed during the hearing, "We think you are dragging your feet. Please dispel that impression."
Appearing for the Uttar Pradesh government, Senior Advocate Harish Salve informed the Court that he had submitted a report on the incident in a sealed cover. Chief Justice Ramana said that
"no, that was not required and we have just received it now...We waited till 1 AM last night for any filing. But we received nothing."
Court has observed that out of forty-four witnesses, statements of only four were recorded. Salve then told the Court that out of the ten accused, four were in police custody. This prompted the Bench to ask,
"What about the other six? You did not seek custody so they were sent to judicial custody. What is the situation in this case?", Court questioned Mr. Salve.
"A concern was stated that the State was going soft on the accused, now everybody is arrested and they are in jail. As of today, there are 10 accused inside the jail. There are two crimes which were driving into farmers and the other one in which a person was lynched," he said, Bar and Bench reported.
CJI asked how many were arrested in the case, Mr. Salve responded that ten are in judicial custody. CJI further questioned that “the report says 44 witnesses are there and statements of four have been recorded. How many are in judicial custody and how many are in police custody apart from the 10? Unless they are interrogated by police you may not get information.
Salve replied that four are in police custody, again the court observed that why the other 6 accused are sent to judicial custody? What is the situation in this case?
Court has not satisfied with the reply made by the AAG, he said that police have sought three days of police custody, and it was over.
Court has also expressed its unhappiness over police investigation, it observed that SIT can recognise who are the most vulnerable witnesses and can be browbeaten.. then why only four witness statements have been recorded?
Mr. Salve added that the statements of other witnesses were being recorded, but the courts had shut. Further, he requested for adjournment of the hearing, Court adjourned the hearing to October 26.
The Court expressed its displeasure for the manner in which the Uttar Pradesh government and police were handling the probe into the incident. Court has also miffed with media coverage on the incidence, court observed that media has exceeded freedom of speech and expression, guaranteed in the Constitution.
The case.
Two lawyers from Uttar Pradesh had written a letter to CJI NV Ramana seeking a probe by the Central Bureau of Investigation (CBI). In their letter, Advocates Shivkumar Tripathi and CS Panda also sought a direction to the Union Ministry of Home Affairs to ensure the registration of an FIR in the matter as well as punishment to the guilty parties involved in the incident.
On the last date of hearing, the Court expressed its displeasure with the manner in which the Uttar Pradesh government and police were handling the probe into the incident.
The main accused in the matter, Ashish Mishra, was arrested by the UP Police on October 9. He was subsequently denied bail by a local court on October 13.