SC slams Uttar Pradesh federal government’s probe on Lakhimpur Kheri violence


New Delhi: The Supreme Court on Friday boiled down greatly on the Yogi Adityanath-led Uttar Pradesh government and revealed its “frustrations” with the composition of the Special Examining Group (SIT) established to investigate Lakhimpur Kheri killings of farmers and its soft paddling and accommodating approach towards Ashish Mishra– child of minister of state for house Ajay Mishra at the Centre– while asking him to appear prior to it for questioning on his alleged involvement in the incident.

Chief Justice N.V. Ramana, heading a bench likewise making up Justice Surya Kant and Justice Hima Kohli, stated, “We expect accountable government and police” and mocked the method the SIT was telling Ashish Mishra to “Please come and tell us …” and provide him more time till Saturday to appear prior to it after he did not appear in the first circumstances.

“When there is a major allegation of death or gunshot injury, will other accused in this nation be treated the exact same method?” the court asked senior attorney Harish Salve who was standing for the Uttar Pradesh federal government.

The hearing saw the court making it clear that the present SIT is unsatisfactory and needs to go, however handing over the matter to CBI did not find favour with it, with Mr Salve summarizing the mood of the court saying, “Pudding (SIT) needs to be remade to make it tasty.”

The court directed the DGP of the state to make sure that all the proof is protected and preserved.

“They ought to be informed they don’t destroy proof or do anything negative. Interact it to them,” CJI told Mr Salve who in turn assured that he will personally communicate it. He also resolved the court’s concerns over efforts to whitewash the entire event.

Mr Salve’s reference to the pudding remained in pursuance to Justice Kohli’s observation that the “taste of the pudding remained in eating”. Justice
Kohli stated this apparently recommending that Mr Salve, appearing for the UP federal government, might describe the occurrence as “extremely major” but it has actually not been handled in any seriousness.

The court asked, “What is the message we (state government) are sending?”

The court also complained the composition of SIT making up DIG, SP, circle officers of Uttar Pradesh police stating that it was not unexpected the way it was acting versus the implicated as it is loaded with local people.

“All are regional individuals. This is what occurs when local people exist,” CJI Ramana stated, taking a dim view of the structure of the SIT.

The court likewise dismissed the idea to handover the investigation to CBI, with CJI Ramana without completing the sentence stating, “CBI is not a solution for the factors understood to you … because of the person … Better discover other ways”.

Going back to the way SIT was calling Ashish Mishra for questioning, the court questioned aloud, “What is the message we (state government) are sending?” Mr Salve, undoubtedly attempting to salvage the situation, stated, “I concur the accused must have been arrested … I have been assured that between today and tomorrow whatever is needed to be done will be done and if the implicated (Ashish Mishra) does not appear prior to the SIT tomorrow at 11.00 AM, action will be taken.”

The strong observation by the leading court pulling up the Uttar Pradesh government and the way SIT was going about its probe can be found in the course of the hearing of a PIL by 2 legal representatives– Shiv Kumar Tripathi and C.S. Panda– seeking direction for the registration of FIR, judicial probe under the supervision of the leading court and helped by the CBI.

The two lawyers had composed a letter to CJI Ramana which was dealt with as a PIL.

Enabling a week’s time to the Uttar Pradesh government to apologize, the court directed the posting of the matter on October 20, and will be taken up by the bench headed by Chief Justice Ramana as a first product.

Released at Fri, 08 Oct 2021 20:07:40 -0500