The Supreme Court once again questioned the UP Government for the Lakhimpur Kheri case investigation in which Union Minister Ajay Mishra's son Ashish Mishra mowed down protesting farmers. Top courts harsh stance comes as Uttar Pradesh Government recorded the statement of "only 23 eyewitnesses" to the violence on October 3 in Lakhimpur Kheri.
“There was a crowd of 4,000-5,000 persons who are all local people and even post-incident most of have been agitating. This is what has been reported. Then, the identification
of these people should not be a problem,” the Chief Justice of India (CJI) NV Ramana-led bench stated.
Senior advocate Harish Salve, appearing for the UP government had claimed that out of 68 witnesses, statements of 30 witnesses were recorded under and 23 persons claim to be eyewitnesses
of the incident.
Now SC has ordered the state to gather more witnesses under Section 164 of the CrPC to prepare a foolproof case. Chief Justice of India N.V. Ramana led the three-judge bench questioning
the report filed by the state Government for hearing the statement of only four of 44 witnesses to the brutal incident.
The top court had adjourned the proceedings owing to dissatisfaction with the efforts made by the special investigation team’s (SIT) probe into the farm killings last week to October
26. The bench asserted that the SIT must identify the vulnerable witnesses to have more evidentiary value.
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In the Lakhimpur Kheri case, the court further ordered witness protection and ordered the Uttar Pradesh Police to hasten the recording of eyewitness testimony before a judicial magistrate.
“We direct the concerned District judge to assign the responsibility of recording evidence under section 164 of the CrPC to the nearest judicial magistrates available,” said the bench.
Dispelled over the state SC said, "We think you are dragging your feet” to the Uttar Pradesh government while hearing the Lakhimpur Kheri matter.
The court pointed out that the case involves the “brutal murder” of eight people and the police would normally arrest the accused immediately. The bench asked if the police
treat every accused person in a murder case this way – by issuing summons.
“Treat him the same way we treat other persons in other cases,” the chief justice said.
The Supreme Court also questioned the government for not considering police custody of other accused by state police. Angry farm organisations have been protesting against the passage of three farm laws since last November.