The Supreme Court on Friday said it was not satisfied with the steps taken by the Uttar Pradesh government in the probe into the deaths of eight people. Lakhimpur After a jeep in the convoy of Union Minister Ajay Kumar Mishra, Kheri entered into the protesting farmers and the violence that followed. The top court also sought to know why the accused in the case have not been arrested so far.
“This is the opinion of the Bench. We hope there will be a responsible government, police officers and order. When there is a serious allegation of gunshot wounds, will other accused in this country be treated the same way, by sending invitations? said Chief Justice of India NV Ramana, who is heading the three-judge bench hearing the case.
The judge’s remarks came after senior advocate Harish Salve, appearing for the state government, informed the court that the minister’s son Ashish Mishra has been called for questioning.
In response, Salve said, ‘I asked them (the police) and they said one thing. No bullet marks were found in the postmortem. So they gave him 161 notices (under section 161 of CrPC). Had there been a bullet wound, it would have been different.”
However, he added, “The way the car was driven, I would say that the allegations of (Section) 302 (IPC) are probably true. The evidence before us is strong enough. If the evidence is strong, it is a case of 302.” “
Salve further said, “One thing is very clear… Further developments (show), the youth against whom allegations are being made, he has a serious problem. We have given him notice. He asked for time. We told him yesterday morning. Has asked to come at 11 o’clock. If he does not come, then the strictness of the law will start.”
“This is a very serious problem. Hence no comment yesterday,” said the CJI. However, reacting to Salve’s remark that the post-mortem did not cause any injuries, the CJI remarked, “What This is a ground for the accused… I don’t want to say anything more.”
Salve said police had found two cartridges, but added, “Maybe he had a bad target and missed.”
“It is serious. You are not proceeding the way it is supposed to proceed. It is manifested only in words, not in action”, the CJI said.
Meanwhile, Justice Hima Kohli said, “The proof of pudding lies in the food.”
Salve replied, “They should have done the necessary work… I’m not saying that.”
However, the CJI said, ‘What message are we sending? Joining this, Justice Surya Kant said that it is a case of murder of eight people and there could be more than one accused and all of them were to be arrested.
Salve tried to assure the court that “between today (Friday) and tomorrow (Saturday), what has not been done will be done.”
The court also raised questions on the Special Investigation Team (SIT) set up by the state.
The CJI said, “We saw your SIT… all these people are local people… If all the people are local people then this is what happens.” CBI?”
Salve said the state had made no such request and added that the court “may immediately take up the matter on reopening and, if necessary, give it to the CBI”.
CJI Ramana said, “We are hopeful that the state will take necessary steps. We are not commenting considering the sensitivity of the matter… CBI is not the solution… because of the people involved… so find some other way.”
However, the CJI said that this does not mean that the state should not act.
“It is the responsibility of the state government to take all steps to prove the faith vested in it,” Justice Surya Kant said.
Admitting that the measures are not sufficient, Salve said “what they have done is not satisfactory” and added that what they do by the next date of hearing will satisfy the court.
The CJI also expressed an opinion against the continuation of the same officers and said, “Because of their conduct, we do not think they will investigate properly.”
Posting the matter for hearing after the Navratri holiday on October 20, the court asked the state to direct the DCP to “take all steps to protect the evidence”.
A lawyer appearing in the case on Thursday referred to a tweet from the handle of a media house and said that it said that the CJI had met the victims of the Lakhimpur Kheri incident. Expressing dismay, the bench said, “We respect the media and their freedom but this is not the way.”
However, the CJI said that it is better to leave it there as “in public life we have to take both bricks and stones and bouquets of flowers.”