Lakhimpur Kheri violence: Eight people, including four farmers, were killed on October 3.
The Supreme Court heard the Lakhimpur Kheri farmers' killing case today and, for the third time in recent weeks, expressed dismay at how it was being handled.
The hearing convened two weeks after the previous session, during which the Supreme Court questioned the UP government on why there were "only 23 eyewitnesses" to the violence on October 3 when thousands were supposedly present at the spot at the time.
The Supreme Court, in its October 26 order, directed the UP government to record statements of more witnesses and give them protection.
During today's hearing, the Supreme Court said they were inclined to appoint a retired High Court judge to oversee the day-to-day investigation of the Lakhimpur Kheri case. The UP government has been asked to respond to this suggestion on Friday.
Eight people, including four farmers and a journalist, were killed on October 3 during a farmers' protest in Uttar Pradesh's Lakhimpur Kheri district. An SUV, allegedly belonging to Union Minister of State for Home Affairs Ajay Mishra, ran over them.
The Union minister's son Ashish Mishra is accused of driving the car. Multiple videos show the SUV ramming a group of farmers from behind.
13 people, including prime suspect Ashish Mishra, have so far been arrested in the case.
Here are the Highlights on the Lakhimpur Kheri Violence Hearing:
Lakhimpur Farmers' Killing Hearing: Supreme Court asks the UP government to respond on Friday
CJI reads out Order: After elaborate hearing we made certain suggestions (referring to appointing retired Judge) on how the investigation is to be conducted.
Harish Salve for UP govt has sought time to seek instructions. The UP government has been asked to respond on Friday.
Sr Adv Arun Bharadwaj (Arguing on behalf of wife of a person who was killed in retaliatory violence): Shyam Sunder was in police custody. Police wore bulletproof jackets. How could he die then? This was UP Police that was escorting him. *shows photo* Special Investigation Team (SIT) is also of UP Police. Give the case to CBI.
Justice Surya Kant: We are taking steps for independent monitoring.
Salve for UP Govt: He was not in police custody. One acccused came out. Crowd beat him up. Police tried to save him.
Salve for UP Govt: The overlapping of FIRs...was because... the confusion was because of murder of journalist Raman Kashyap. Confusion was over whether he was part of Ashish Mishra's team...but later it appeared he was part of crowd and was crushed by the car.
Justice Surya Kant: That is why we need monitoring.
Salve for UP Govt: There are political overtones to everything that is happening.
CJI: We don't want to add to political overtones. Let a retired judge oversee this.
Lakhimpur Farmers' Killing Hearing: Supreme Court inclined to appoint High Court judge to monitor day-to-day investigation
Justice Surya Kant: What appears to us that SIT for some or the other reason is unable to maintain a distance between the two FIRs (Murder of farmers and murder of political workers). Its not like they have to record the statements of everyone who comes forward.
To ensure that evidence of the two FIRs has to be recorded separately we are inclined to appoint a former judge of a different High Court to monitor day-to-day investigation. We don't want the judge from your state government's end. Let us think of Justice Ranjeet Singh from Punjab and Haryana High Court or Justice Rakesh Kumar.
Justice Surya Kant: What we expected from Special Investigation Team (SIT) was that the FIR 219 about murder of farmers will be a separate exercise and evidence for FIR 220 about murder of political workers will be separate.
Salve for UP Govt: We are trying to do that separately. Sometimes witnesses are called to talk about FIR 220 but start talking about incidents of FIR 219.
CJI: You have to investigate (the two FIRs) separately.
Salve for UP Govt: That is being done My Lord. We are doing it separately.
Justice Surya Kant: One set of murder is of farmers, then there is journalist and there are political workers. There are statements of witnesses that have been recorded that seem to favour the main accused.
Salve for UP Govt: If someone comes forward and says that they want their statement to be recorded then we have to do that.
Justice Surya Kant: That is different. And its different when you make an effort to identify certain people and then record statements.
Justice Hima Kohli: Are you saying none of the other accused had their phones on them?
Salve for UP Govt: There are eye witnesses. There is clinching proof that these accused were at incident site. Through CCTV footage.
Justice Surya Kant: We are sorry to say that prima facie it appears that one particular accused is being given benefits by overlapping two FIRs.
Salve for UP Govt: We called witnesses for recording statements.
CJI: You have to investigate.
Justice Surya Kant: Now it is being said that there are two FIRs and the evidence collected in one FIR will be used in another. Evidence in FIR 220 is being collected in a way to protect one accused.
CJI : There is nothing in the status report except saying that some more witnesses examined. We gave 10 days. Lab reports also have not come. Its not going the way we expected.
Salve for UP Govt: We are follwing up with the lab.
CJI: Through cell towers you can identify which cellphones were in the area?
Justice Hima Kohli: You identified only one accused's phone. What about the others? Only Ashish Mishra.
CJI: Other accused did not use mobile phones.
Supreme Court Hearing On Lakhimpur Kheri Violence Begins
The hearing for the Lakhimpur Kheri Farmers' Killing begins in the Supreme Court today.
Bench of CJI, Justice Surya Kant and Justice Hima Kohli preside.