The Supreme Court expressed unhappiness over the status report filed by the Uttar Pradesh government in the Lakhimpur Kheri violence case and suggested that a former high court judge monitor the ongoing probe by the Uttar Pradesh police.
A bench headed by Chief Justice N V Ramana sought the response of the UP government, represented by senior advocates Harish Salve and Garima Prasad, by Friday.
WHAT HAPPENED IN THE COURT?
The Supreme Court raised questions over the lab reports and asked why they have not come in despite 10 days adjournment. Senior advocate Harish Salve, appearing for Uttar Pradesh government, informed the court that lab reports will come by November 15.
The top court asked why only Union minister Ajay Misra’s son Ashish Misra’s phone was seized in connection with the case.
“You have only mentioned accused Ashish’s phone has been seized. What about the others?,” the Supreme Court asked the UP government, adding that “It appears as though one accused is being given benefit.”
To this, Harish Salve replied, “All CDRs (Call Detail Record ) have been collected. Where they (the accused) were at that time is known.”
Justice Surya Kant said that there are different sets of murders, first one is of farmers, second is of political workers, adding that all have to be investigated.
Justice Surya Kant further stated, “The witnesses who have deposed on the murder of the farmers that has to be an independent exercise. And the evidence that you’re collecting in the other FIR (FIR no. 220) has to be separate.”
“It is expected from the SIT that both FIRs (on the murder of the farmers and the murder of the political workers) will be investigated separately and independently,” The SC added.
Raising question over the SIT team’s probe and dissatisfaction over mixing of witnesses in different FIRs, the Supreme Court said, “What appears to us is that the SIT is unable to maintain a distinction between the FIRs and anyone who is coming forward, their statement is being recorded. If this kind of case continues then it’ll become a case of oral evidence.”
The SC said that to ensure there is no mix up of evidence in the case, the court is inclined to appoint a former judge of a different High Court to monitor the probe in the case.
The Supreme Court proposed appointment of a former judge from Punjab and Haryana High Court to monitor the ongoing investigation. The court suggested that Justice Rakesh Kumar Jain (Retd) or Justice Ranjit Singh (Retd) from Punjab and Haryana High Court can oversee the Lakhimpur Kheri investigation.
The hearing in this matter will continue on Friday.