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A Supreme Court bench of the Chief Justice of India (CJI) N.V.Ramana, Justices Surya Kant and Hima Kolhi informed the State of UP that it is inclined to appoint a retired judge of another High Court to monitor the investigation in the Lakhimpur Kheri killings. The court noted that the Special Investigative Team is unable to maintain an investigative distance between the killing of farmers, murder of a journalist and the murder of a political activist.

When the matter came up for hearing, the CJI remarked that the status report filed by the State of UP presents nothing new except for the fact that 2 more witnesses have been examined and the forensic lab reports have not come in as yet. The CJI further informed the State of UP that the investigation is not going the way the court expected.

Harish Salve, Senior Advocate, appearing for the State of UP, informed the court that the lab reports will come in by the 15th of November. The CJI further noted that the cell phone of only one accused has been seized and cell phone towers have not been used to identify which other accused was there during the incident. Salve informed the court that some of the accused have informed the SIT that they do not have cell phones.

Justice Surya Kant informed Salve that in the light of the FIR and the statements that have been recorded, it appears that one accused is being protected. He further noted that evidence from one FIR is being used in the investigation of another FIR. The CJI also mentioned that there were no directions given to investigate all the FIRs together. 

Salve while assuring the bench that all the FIRs are being investigated independently informed the court that they were aware that a lot of people from the crowd are trying to protect the accused. Salve also pointed out that investigating the lynching incident has been very difficult as most of the witnesses are locals.

Justice Surya Kant pointed out that there are 3 sets of killings in this case, one of the farmers, one of the murder of the journalist and one of the murder of the political worker and all of them have to be investigated independently. Salve pointed out that the witnesses sometimes give overlapping evidence referring to the murder of the journalist which was mentioned in the court on the last date of hearing. Salve told the bench that when they started recording the statements of some of them, they realised that it pertains to another FIR.

Justice Surya Kant, speaking for the bench then informed Salve that since they are not happy the way the investigation is progressing and they intend to appoint a retired judge of another High Court to monitor the investigation. Salve requested the bench to grant him time till Friday to take instructions on this.

Arun Agarwal, Senior Advocate, appearing for the widow of the slain journalist showed a photograph to the bench and informed them that this was the last photograph of the person before he was killed. The bench asked him to stop showing the photograph and give whatever evidence they have to the Judge who maybe appointed for monitoring the case if appointed. 

The bench on hearing the parties adjourned the matter to Friday and asked Salve to take instructions of appointment of a judge to monitor the investigation.

On the last date of hearing, the court questioned the State of UP as to why they have been able to identify only 23 eyewitnesses while the incident took place in a rally where 4000 people participated. The CJI then enquired if there are any injured witnesses. Harish Salve, appearing for UP, replied to this by informing the court that there are 1 or 2 injured witnesses and they will furnish their statements under 164 to the court. Salve submitted that while the witnesses have been protected, the district judge will normalise the protection offered to them by his order or in the alternative the Supreme Court may pass an order to this effect. 

The bench on hearing the submission of the parties, noted that they have taken consideration of the 2nd status report filed by the State, while directing the government to obtain the video recordings from the lab at the earliest possible time. The bench also noted that though the State has provided protection to the witnesses, they will pass an order to provide protection to the witnesses. The bench further directed the concerned district judge to assign the duty of recording the statements of the witnesses to another Magistrate should the present magistrate be on leave. The bench further directed the State to record the statements of the witnesses expeditiously. 

On submissions of, Arun Bharadwaj, Senior Advocate, appearing for the widow of one of the victims informed the court that the she is being threatened and that her statement is not being recorded. An Advocate, appearing for a journalist named Shyam Sundar who was killed during the incident. The court on hearing these submissions directed the State to record witnesses of the murder of Shyam Sundar and of the widow of the victim and submit them today.

Brief Background:

The Supreme Court had expressed that though it wasn’t satisfied with the conduct of the investigation in the Lakhimpur Kheri incident it will not comment on it given how sensitive the issue is.

In addition to this the CJI had opined that the accused should be treated the way other accused are being treated.

Later, on October 9 Uttar Pradesh Police arrested Ashish Mishra, in connection with the Lakhimpur Kheri violence case accused of running his car over protesting farmers and killing them. It is to be noted that he is the son of Member of Parliament and Union Mister of State for Home Affairs, Ajay Mishra.

The recent violent incident(s) happened at Lakhimpur Kheri where 8 people died including four farm law protestors, two BJP workers, a driver, and a local journalist leaving several others injured.

Recently, 2 lawyers had written to the Supreme Court, seeking time-bound CBI probe into the Lakhimpur Kheri incident advocates have also sought directions to the Ministry of Home Affairs to get an FIR register into the case in addition to the punishment for Ministers allegedly involved in the incident that took place on October 3rd 2021.

The letter by Advocates Shiv Kumar Tripathi and C.S. Panda, states that having regard to the seriousness of the killing of the farmers at Lakhimpur-Kheri, it is incumbent upon the Supreme Court to intervene in the matter.

Identifying themselves as liberty-minded public activists concerned with the upholding and protection of the rule of law in the midst of the violence-ravaged State of U.P., the petitioners state that the incident calls for the forthwith judicial interdict direction against the Union government , U.P. government and the concerned bureaucrats so that the cult of violence comes to a grinding halt.

Asking the court to treat their letter as a Public Interest Litigation, the petitioner advocates allege that of late, violence has become the political culture in the country now and the latest development in the State of U.P. is a burning example of the same. Stressing that the human right violation in a democratic country like India coupled with the police excesses at the end of the government of U.P. is the scope, scale and ambit of the present communication, the petitioner couple plead for Apex Court intervention so that the guilty be brought to justice.

Case title: IN RE VIOLENCE IN LAKHIMPUR KHERI (UP) LEADING TO LOSS OF LIFE