Lakhimpur violence: Supreme Court reproves UP police, says 'You're dragging your feet'

The Supreme Court on Wednesday reproved Uttar Pradesh police over its probe in cases relating to the violence and clashes that broke out in Uttar Pradesh's Lakhimpur Kheri district earlier this month.

"We feel that you are dragging your feet, please dispel that impression," a three judges bench of the Apex Court headed by Chief Justice of India N V Ramana stated.

The bench, also comprising Justices Surya Kant and Hima Kohli, directed the Uttar Pradesh Police to record the statements of the witnesses before a magistrate under Section 164 of the Code of Criminal Procedure (CrPC). The bench also asked the government to devise a witness protection scheme in order to provide security to the witnesses in the case.

'Why only four statements under Section 164?': SC bench asks state counsel

Appearing for the Uttar Pradesh government, senior advocate Harish Salve informed the court that 44 witnesses have been examined in the case so far. 

To this submission, the bench questioned, "If there are 44 witnesses, why only four statements under Section 164?" 

Responding to the query, Salve told the court that it was probably because the courts were closed due to Dussehra festivities. To this submission, the bench pointed out that criminal courts weren't closed during vacations.

Additional Advocate General (AAG) for Uttar Pradesh Garima Prashad apprised the court that the police were reconstructing the crime scene. 

However, the bench observed that reconstruction of the crime scene and recording of the statement before the judicial magistrate were two different things.

Salve also informed that a total of 10 persons have been arrested so far in the crime related to the driving of a vehicle over farmers. Submitting further, Salve told the court that four of the accused are in police custody while others are in judicial custody. The bench then asked the UP government as to why police custody of others wasn't sought. 

"Until and unless they are interrogated by police, you won't find out what actually happened," the SC bench stated. 

The state's counsel Garima Prashad replied that they were remanded to judicial custody after few days of police custody. 

The counsel for the Uttar Pradesh government also submitted that the phones of the accused have been seized and the videos have been sent for forensic examination. The court was hearing petitions filed by Advocate Shiv Kumar Tripathi seeking CBI and Court-monitored probe in the incident that saw eight people lose their lives.

Lakhimpur Kheri violence

Violence erupted in Uttar Pradesh's Lakhimpur Kheri area on October 3, when eight people, including four farmers and a journalist, were killed. SKM claimed that one of the farmers was shot dead by Ashish Mishra, son of Union MoS Ajay Mishra Teni and three farmers were killed after his car ran over them and turned turtle. In retaliation, the farmers resorted to stone-pelting at the car which had overturned, killing 4 BJP workers, including Mishra's driver.

Clashes ensued after the incident resulting in many injuries and Section 144 was imposed throughout the district. Ashish Mishra is currently detained under judicial custody and is being interrogated by the police on Lakhimpur violence. However, Union MoS Ajay Mishra and his son, Ashish have refuted the farmers' claims. The Uttar Pradesh government announced Ex gratia of Rs 45 lakh to families of the four farmers who lost their lives and Rs 10 lakh will be given to those injured. Family members of the deceased will also get a government job and a probe headed by a retired High Court judge will be conducted.