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A bench consisting of Chief Justice of India, Justices Surya Kant and Hima Kolhi 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.

Senior Advocate Harish Salve, appearing for the State of UP submitted the status report in a sealed cover, however the bench remarked that this was not required. The CJI further informed that counsels that they were waiting till 1 AM to see if something was filed in this regard, however nothing came to be filed.

The bench then questioned the State of UP as to why the statements of other witnesses were not recorder by the State. Salve replied to this, saying that there were 2 crimes, one involving driving a vehicle into the farmers and the other in where a person who had been driven into was lynched.

The CJI then enquired as to how many people were arrested, Salve replied saying 10 people have been arrested so far.

The CJI then questioned the lawyers about the  presence of 44 witnesses of whom statements of only 4 have been recorded, he further questioned as to how many are in the police custody apart from these 10 . AAG of UP Garim Prashad replied to this saying there were 4 people in the police custody. Justice Surya Kant at this point questioned her as to what happened to the other 6 people have been arrested. The AAG replied saying that they have sought a remand for 3 days and it had elapsed. 

Intervening here, Salve informed the court that all the videos and phones have been recovered and there may not be a need for further interrogation. Justice Kant intervened again and questioned Salve whether the Special Investigation Team (SIT) can recognise the most vulnerable witnesses and browbeaten, and asked the counsels as to why the statements of the other 6 witnesses have not been recorded. 

Salve replied to this question by mentioning that the statements were being recorded, however the courts were closed for Dusshera. Justice Kohli said "criminal courts closed for Dusshera vacations?"

The AAG submitted that the crime scene was being reconstructed. The bench at this point intervened and said recording statements of 164 witnesses is a different issue, since it is before the magistrate it has a huge evidential value. Justice Hima Kohli came down heavily on the arguing counsels said "We feel you are dragging your feet, please dispel that!" The CJI also insisted that the witnesses of this crime be protected. 

The bench dictated an order according to which a status report has been filed and the same has been perused. Senior Counsels have submitted that statements of of all the witnesses will be recorded under 164 and has sought time to take more instructions. The matter has now been adjourned to 26.10.2021.

Earlier, 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