Lakhimpur violence: SC directs UP govt to file status report on probe; matter adjourned

In a big development on Thursday, the Supreme Court bench comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli directed the Uttar Pradesh government to file a status report on the investigation into the Lakhimpur violence. At the outset, CJI NV Ramana mentioned that advocates Shiv Kumar Tripathi and CS Panda had written a letter to him urging the SC to take suo moto cognizance of the incident. Mentioning that he wanted it to be listed as a PIL, he clarified that the Registry had listed it as a suo moto case instead. Stressing that it was not an issue, he agreed that the Lakhimpur violence was unfortunate.

Appearing for the UP government, senior advocate Garima Prashad assured, "The entire incident will be properly looked into. Investigation is proceeding. We will file a report. FIR is there". After the CJI cited the grievance that the case is not being properly investigated, Prashad responded that a Commission of Inquiry has been formed. Moreover, Justice Surya Kant asked the Yogi Adityanath-led government to add details such as the name of the accused in the FIR and whether they have been arrested in the status report.

Towards the end of the hearing, the CJI told the counsel, "We received a message right now that the mother of a deceased is in critical condition, due to shock of the loss of son and is in need of urgent medical attention. Immediately communicate to your state government and take care. Provide all medical facilities". 

The Lakhimpur violence probe

Violence broke out in Uttar Pradesh's Lakhimpur Kheri district on October 3 leading to the death of 8 persons including 4 farmers.  Immediately after the horrific incident, UP CM Yogi Adityanath promised that the state government will expose the elements involved in the incident and take strict action against them. As per the FIR lodged by the UP police on Monday, Union MoS Home Ajay Mishra's son Ashish Mishra and 15-20 unknown accused persons have been booked under IPC Sections 120B, 147, 148, 149, 279, 302, 304A and 338. 

Amid pressure from the opposition, the state government constituted a single-member Commission of Inquiry of Justice (retd.) Pradeep Kumar Srivastava to probe the Lakhimpur violence. As per a notification issued on October 6, Governor Anandiben Patel exercised powers conferred by Section 3 of the Commissions of Enquiry Act to appoint this inquiry panel whose headquarters will be based in Lakhimpur-Kheri. Most importantly, the commission has to complete its probe within a period of two months. 

The commission shall be deemed to be a civil court and will have the power to require any person to furnish information pertaining to the subject matter of the inquiry. Offences committed before it such as the omission to produce a document, refusing oath or affirmation when duly required, refusing to answer questions, refusing to sign a statement and intentional insult in a judicial proceeding may be forwarded to a magistrate for trial. The panel or a gazetted officer authorised by it shall also have the right to enter any place and seize documents related to the subject matter of the inquiry.