States

‘Do we treat other accused in the same way’, Supreme Court pulls up UP government in Lakhimpur Kheri case

New Delhi: 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 people in the Lakhimpur Kheri violence, and pulled up the state police, asking whether to send summons and “please” have to say. Come” the way the accused are treated in other murder cases.

A bench headed by Chief Justice NV Ramana told the Uttar Pradesh government, “The proof of halwa lies in the food.” Arrested yet.

No CBI probe can be the solution

As the court contemplated transferring Investigation into the violence that took place on October 3, in which four farmers were killed To another agency, it also said that any probe by the CBI “cannot be the solution” as the people named in the FIR registered by the UP Police, in an indirect reference to the fact that Ashish Mishra’s son is A Union Minister.

Do we treat other accused in the same way in other cases?

The top court questioned the lenient attitude of the police towards the accused (Ashish Mishra) named in the FIR. The top court told Harish Salve, appearing for the UP government, “Mr. Salve, these are very serious allegations. We are not on the merits of what it is… If you look at the FIR that advocates (UP k)), it is an offense under section 302 (murder) of the IPC, among other sections.

“Does the same way we treat other accused in other cases also? We send notice and say please come, please stop..?” The bench chuckled.

Salve said that he asked him the same thing and he said There was no bullet wound in the postmortem report So they gave him a notice to appear under CrPC and had there been a bullet wound, the path would have been different.

The CJI said, “This is the opinion of the bench. We expect that there is a responsible government and responsible police officers and systems and when there is a serious allegation of death (IPC Section 302), gunshot wound, the question is Whether other accused in the country can be treated the same way. Please come. Please tell us…”

Salve urged the bench to take up the matter again on October 18 and assured that Till then action will be taken.

“It appears that it is only in words and not in action,” the bench said, adding that Mr Salve is a proverb that the proof of the pudding is in the food.

“What message are we sending,” the bench said. The bench said that an accused is arrested immediately after a murder case is registered.

“I agree and I couldn’t agree more,” Salve said.

Without saying anything, the court said “the law must take its course against all the accused” and “the government will have to take all remedial steps in this regard to instill confidence” in the probe into the “brutal murder of eight persons”.

Responding to the court’s “proof of pudding is in the food”, Salve said the UP government will have to “make another pudding and make it tastier”, adding that whatever has been done so far is satisfactory. Not there.

In its order, the bench said that the counsel for the UP government has explained the various steps taken by the state government and a status report has also been filed in this regard. “But we are not satisfied with the actions of the state.”

“…the counsel assured us that he would take all necessary steps to satisfy this court on the next date of hearing and he would also consider the options of conducting an inquiry by some other agency. In view of this, we are inclined to go. are not in the details of this aspect.List the matter immediately after the holiday.

“Meanwhile, learned counsel assured us that he would communicate to the concerned Supreme Police Officer of the State to take all necessary steps to protect the evidence and other material relating to the incident.”

The bench, also comprising Justice Suryakant and Justice Hima Kohli, expressed hope that Considering the sensitivity of the matter, the state government will take necessary steps..

“We are not commenting. Secondly, CBI is also not the solution to the reasons, you know the reason… We are also not interested in CBI because there are people like that… so better you find out something Other mods. We will take it immediately after the holiday. But that doesn’t mean they should keep their hands off. They have to. They should act..,” it said.

Salve said that if the allegations and evidence are true and the manner in which the car was driven then there is no doubt that it is probably a murder case.

“See, the direct statement has been given by the eyewitness, who has witnessed the incident,” the bench said, adding, “the postmortem report does not show gunshot injury, is this a ground for not taking the accused into custody”. .

Salve said the police have found two cartridges and it could be a case that the accused had a bad aim and missed it and this is “extremely serious”.

The bench retorted, “If it is very serious then the way it is proceeding, it seems that it is not serious.”

The bench then dealt with the SIT set up by the state police to probe the sensational murders and said, “We have seen your details of the SIT, which you have constituted… Who are the people in the SIT, you have your DIG, the police.” The superintendent, the circle officer, all the local people and this happens when all are local people.”

The bench then asked whether the state government had made any request to hand over the case to the CBI.

Salve said no such request has been made and this aspect can be dealt with by the court. “Please take it upon reopening. If you are not satisfied with the progress, hand it over to CBI.”

However, the bench again said that the CBI probe is not the solution.

It also objected to the continuation of many of the current officers with the investigation, saying that “because of their conduct we do not see that there will be a good investigation”.

Secondly, they should not “completely destroy” the evidence available, the bench said orally, “till the time any investigating agency takes up the matter, please ask the DGP to take all necessary steps to protect the evidence.” say”.

After this, the top court fixed October 20 for the next hearing of the matter.

By Naveen Bharat Staff

 

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