Lakhimpur Kheri Violence: Supreme Court pulls up Uttar Pradesh Police, hints at probe by agency other than CBI

Satya Prakash

Tribune News Service

New Delhi, October 8

The Supreme Court on Friday said it was “not satisfied” with the steps taken by the Uttar Pradesh Government in the “brutal” killing of eight persons, including four farmers, in the Lakhimpur Kheri violence and pulled up the Uttar Pradesh Police for failing to arrest accused Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra Teni.

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A three-judge Bench led by Chief Justice NV Ramana hinted at handing over the probe to an agency other than the CBI. “The charges are very serious...What’s the message we are sending? Is this the same way we treat other accused too — like sending notices, etc,” the Bench, that also included Justice Surya Kant and Justice Hima Kohli, asked senior advocate Harish Salve (who represented UP), hinting at handing over the probe to an agency other than the CBI.

Asking the DGP to ensure that the evidence was not destroyed by the time another agency took over the investigation, the Bench posted the matter for October 20. The “proof of the pudding is in the eating”, the Bench observed after Salve said some arrests had been made and a notice sent to accused Ashish Mishra, asking him to join the probe on Saturday. 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. Whatever has been done so far is not satisfactory. They (UP Police) should have done the needful.” Salve conceded that not enough had been done by the authorities.

Going through the composition of SIT, which includes the DIG, SP and circle officers, the Bench noted that most of them were local officers. As the Bench asked if there was any request by the state to hand this over to the CBI, Salve replied: “It’s entirely in your Lordship’s hand....If you are not satisfied with the progress... hand it over to the CBI.” The top court, however, wasn’t receptive to the idea.

“Because of the sensitivity of the issue, we are not commenting. The CBI is not a solution for reasons known to you…because of the persons.... it’s better you find some other mode,” the CJI said.

As Salve said the postmortem did not show gunshot injury, the Bench shot back, “So this is a ground for not taking custody of the accused?” The Bench took exception to certain TV news channel claiming the CJI had met a victim’s family. “We are sorry to see how the media is exceeding freedom of speech and expression. The CJI is gracious enough to let this go, ” Justice Surya Kant said.

Minister’s son skips police summons

UP Police on Friday issued a fresh notice to Union MoS Ajay Mishra’s son, asking him to appear before it by 11 am on Saturday in Lakhimpur Kheri violence case, after he missed the Friday deadline.

Khattar retracts ‘tit for tat’ remark

Facing criticism, Haryana CM ML Khattar retracted his controversial “tit for tat’’ remark, saying he had no malicious intent. “I want to tell my farmer brothers... I am taking back my statement.”

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