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The Supreme Court today 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. The bench consisting of Chief Justice (CJI) Ramana, Justices Surya Kant and Hima Koli opined that going to the CBI is not the solution for the reasons best known.

Senior Advocate, Harish Salve, appearing for the Uttar Pradesh (UP) government informed the court that a status report has been filed and a notice has been issued to the person against whom the allegations have been made. He further said that the person has been asked  to appear at 11 AM tomorrow for questioning, if he doesn’t come rigours of law will be triggered against him.

The CJI however opined that the accused should be treated the way other accused are being treated.
Salve retorted to this by saying that though there have been allegations of gun shots being fired, the post mortem of the victims did not reveal any such wounds.

However CJI noted that there is a direct eye witness to the crime and a post mortem is no ground to merely issue a notice and treat him in this manner. Salve expressed that the government and the police should have done the needful, however the State has ensured that the investigation will be done properly.

The CJI then asked if the State has requested for a CBI enquiry to which Salve replied that the State has not made any such requests.
The bench then informed that they were not making any comments owing to how sensitive the issue was and CBI was not the ultimate solution for this problem. The bench further opined that the officers who are involved in the investigation now should not continue and directed to DGP and the government to ensure that proper investigation takes place.

Advocate Agnish Aditya then intervened and informed the court about a tweet from Times Now, a news broadcasting channel, which said that the CJI met the victims of the incidents. The bench expressed its displeasure over the tweet and expressed that the organisation will clarify this, the bench also opined that the freedom of speech should not be used this way.

CJI said, “When you are in public life you should be ready to receive flower bouquets and such remarks as well.”

On conclusion of the submissions, the bench informed that they have heard the explanation given by Mr. Harish Salve on the various steps taken and that they were not happy about the said steps.  However on the assurances of Salve that a proper probe will be conducted and the witnesses will be taken care of they will not comment on the issue.

It is to be noted that the Supreme Court, yesterday ordered Uttar Pradesh Government to file a status report on the issue of Lakhimpur Violence - the names of those arrested as well as the status of investigations by tomorrow.                  

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.

The matter has now been adjourned to 20.10.2021 for further hearing.

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