This Article is From Nov 17, 2021

In Lakhimpur Violence, Supreme Court's Instructions For New Probe Team

"We are inclined to order that the ongoing investigation be monitored by a retired High Court Judge, who may not have his roots in the State of Uttar Pradesh," the judges said.

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On October 3, four farmers were mowed down by an SUV in Lakhimpur Kheri.

New Delhi:

The Supreme Court has directed the newly reconstituted Special Investigation Team or SIT looking into the deaths of four farmers in Lakhimpur Kheri to complete the investigation expeditiously. The Supreme Court today said it has added three IPS officers to the SIT who are not from Uttar Pradesh, though they are allocated to UP cadre. This was done after the team having most members from the local police, gave rise to concerns about partisanship.

The Supreme Court today also named a retired judge of the Punjab and Haryana High Court to monitor the probe.

During the last several hearings, the court had been pushing for judicial monitoring and it had even accused the state of trying to shield the accused.

The farmers were run over during a protest on October 3, allegedly by Union Minister Ajay Mishra's son Ashish Mishra. 

"We are inclined to order that the ongoing investigation be monitored by a retired High Court Judge, who may not have his roots in the State of Uttar Pradesh... We, therefore, appoint Justice (Retd.) Rakesh Kumar Jain, a former Judge of the Punjab & Haryana High Court, to monitor the ongoing investigation... which is to be conducted in a time-bound manner," the judges said. 

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"While investigating such offences, justice must not only be done, but also be seen and perceived to be done," said a bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Hima Kohli, which was hearing a petition seeking a court monitored probe into the Lakhimpur Kheri violence. 

The bench in its detailed order said that the present SIT predominantly comprises of middle-level or subordinate level police officers posted in district Lakhimpur Kheri.

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"It appears to us that in spite of their perceived commitment and sincerity in carrying out the investigation, there may still be a lurking suspicion in respect of the fairness  and  independence  of  such  an investigation," the judges said.

The team -- formed by the Uttar Pradesh government last month -- has drawn huge criticism from opposition parties and civil society. 

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Congress's Priyanka Gandhi Vadra said it was clear from the Supreme Court's observation in the Lakhimpur Kheri case that an independent investigation is necessary for justice, and alleged that the Uttar Pradesh government is standing with those who trampled upon farmers.

The Supreme Court had earlier warned the Uttar Pradesh government that the investigation was "not going the way we expected" and suggested the names of former judges of Punjab and Haryana High Court - Justices Rakesh Kumar Jain or Ranjit Singh.

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On October 3, four farmers were mowed down by an SUV in Lakhimpur Kheri, allegedly by the son of the Union minister. In the violence that followed, two BJP workers and a driver were beaten to death, allegedly by the angry protesters, while a local journalist was also killed in the violence.

The police have arrested 13 people, including the minister's son.

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