Form of words:
New Delhi: The Supreme Court on Monday said it was prima facie not satisfied with the Uttar Pradesh government’s investigation into the Lakhimpur Kheri violence.
A bench headed by Chief Justice NV Ramana also expressed concern over the possibility of mixing of evidence collected in two separate incidents – the killing of farmers and the consequent murder of the accused. The bench made it clear that both the cases should be investigated independently.
The court made this observation after perusing the status report of the Uttar Pradesh government in the matter. As per the previous order, the state government also kept on record the details of the investigation conducted in relation to the incident of lynching.
However, in the view of the court, the report gave the impression that the statements of witnesses recorded in the incident of lynching were made to benefit “a particular accused” named in the case relating to the killing of farmers.
In order to “communicate impartiality and independence” in the investigation, the bench proposed monitoring of the ongoing investigation by a former judge of the Punjab and Haryana High Court. It suggested the names of two retired judges – Justice Ranjit Singh and Justice Rakesh Kumar Jain – to head the independent committee.
The bench told senior advocate Harish Salve, counsel for the UP government, “We do not want any political color in the matter and are not convinced about the judicial commission constituted by you (UP), as it has given them till Friday to come back.” given time.” With a response to the suggestion. The matter will now be heard again.
Eight people, including four farmers, two BJP workers, a driver and a journalist, were killed in clashes at Lahimpur Kheri on October 3. State for Home Affairs Ajay Mishra ‘Theni’ – killed a group of protesting farmers, inciting violence.
Court points to omission
During the hearing, the bench also pointed out the lapse in the police investigation into the killing of farmers.
The court said that as per the status report, the police have recovered the mobile phone of only one accused, Ashish Mishra, while no such recovery has been made from the remaining 12 accused. According to the UP Police, there were 16 accused, out of which three died in the lynching incident that followed the death of farmers.
“Why have you confiscated the phone of just one accused? You have not said anywhere in the status report that the rest of the accused have thrown away their mobiles, but their call detail records (CDRs) have been recovered by the police. The accused were present at the spot at the time of the incident, including the CDR.
(Edited by Neha Mahajan)
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