Read Time: 13 minutes

A bench consisting of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kolhi today questioned the government of UP about why they have been able to identify only 23 eyewitnesses while the incident took place in a rally where 4000 people participated.

Harish Salve, Senior Advocate, appearing for the State of Uttar Pradesh (UP) informed the court that another status report has been submitted to the court and out of 68 witnesses the police have identified, statements under Section 164 CrPc has been recorder for 30 witnesses. Salve further mentioned that 23 of these are direct eye witnesses to the incident.

The court questioned the State as to why they have been able to identify only 23 eye witnesses in a rally of 4000. Salve replied to this saying that there are a lot of people who have seen the car and those driving it, so the authorities have narrowed down on them. Salve further mentioned that a large number of digital media has been recovered, noting that one person was even recording the event on video. He further submitted that the footage is in the laboratory to decimate it frame by frame in order to get a clear footage. He further submitted that there are some formal witnesses whose statements have not been recorded. 

Justice Surya Kant, speaking, for the bench questioned that in a rally of 4000, where most of them are locals and given that the agitations are still ongoing, it will not be difficult to find more eyewitnesses. Salve replied to this by saying that the authorities have now identified those in the inner rings (In the close proximity to the spot where the incident took place), the authorities are examining them now.

Salve further offered to the bench that he can submit the statements  under 164 in a sealed cover on the next date of hearing. Justice Surya Kant noted that there will definitely be a few serious witness in the case out of the 4000 people mentioning that a serious witness is someone who will stand by the case. Salve in reply to the question informed the bench that they have identified 16 such withnesses.

The CJI then enquired if there are any injured witnesses. Salve 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. 

At this juncture, 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 on 8th November.

Earlier, the bench had questioned the UP government as to why statements only 4 witnesses were recorded while there are a total of 44 witnesses in the Lakhimpur Violence issue.

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.

The matter will now be heard on 8th November. 

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