The Supreme Court on Monday expressed its dissatisfaction with the SIT probe regarding the seizure of mobile phone of only one accused and the process of collecting evidence in two FIRs in the Lakhimpur Kheri violence incident. The court told the Uttar Pradesh government that it is willing to appoint a retired high court judge to oversee the day-to-day investigation till the chargesheet is filed.
Chief Justice of India (CJI) N.V. Ramanna and a bench of Justices Surya Kant and Hima Kohli said that we are trying to bring fairness in the matter. Initially, the CJI told senior advocate Harish Salve, representing the Uttar Pradesh government, that there was nothing in the status report. We have given 10 days time…the lab report has not come yet. This is not as per our expectation.
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The top court asked Salve as to why the mobile phones of all the accused in the Lakhimpur Kheri incident, except the main accused Ashish Mishra, were not confiscated. Justice Kohli specifically asked whether it was the stand of the government that the other accused did not use cell phones. Salve said there were a total of 16 accused in the case, out of which three died and 13 were arrested.
According to news agency IANS, Justice Kohli asked whether the mobile phone of one of the 13 accused has been confiscated? The top court told the Uttar Pradesh government that both the incidents of thrashing of protesting farmers with vehicles and lynching of the accused should be investigated fairly.
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Justice Kant said that what appears to us is that the SIT is unable to maintain distinction between the FIR (one where the farmers were crushed to death by the car and the other accused were killed). It is important that the evidence in 219 and 220 (FIR) is recorded independently to ensure it.
The bench said it was not convinced about the procedure followed by the Uttar Pradesh SIT for recording evidence. “We are willing to appoint a judge from a separate High Court to oversee the day-to-day investigation till the time the chargesheet is filed,” he said.
The bench suggested the names of two former judges of the Punjab and Haryana High Court so that the statements of witnesses be recorded to avoid mixing of cases. The court sought response from the Uttar Pradesh government on the appointment of an independent judge to oversee the investigation till the filing of the charge sheet and listed the matter for further hearing on Friday.
Eight people, including four protesting farmers, were killed in Uttar Pradesh’s Lakhimpur Kheri on October 3. Union Minister of State for Home Affairs and Bharatiya Janata Party leader Ajay Mishra’s son Ashish Mishra is among the accused in this case. Police have arrested 12 accused including Ashish. Farmers agitating for a year were protesting on the streets against the arrival of Deputy CM Keshav Prasad Maurya, who had arrived at a program organized in the native village of the Union Minister of State on October 3.
It is alleged that the protesting farmers were crushed by Ashish’s car. Ashish was also traveling in this car along with other accused. However, Ashish denied being present in that car. Four others, including a car driver and a local journalist, were killed in violence that erupted after four agitating farmers were crushed to death by a car. Several vehicles were set on fire in the violent mob.
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