The Supreme Court on Friday said it was “not satisfied” with the action taken by the Uttar Pradesh government in the Lakhimpur Kheri violence on 3 October in which eight people were killed and also asked the state why accused Ashish Mishra has not been arrested yet.
Ashish Mishra, son of Union Minister of State for Home Affairs and Bharatiya Janata Party (BJP) MP Ajay Kumar Mishra ‘Teni’ had allegedly mowed down farmers with his car. Yesterday, the police served a notice to Ashish Mishra and summoned him for questioning. However, Ashish Mishra did not appear before the Uttar Pradesh Police today, sources said. Ashish Mishra could not report on Friday because of health reasons, said Union Minister of State for Home Affairs Ajay Mishra, while adding that his son will appear before the police on Saturday. The Uttar Pradesh Police on Friday pasted another notice outside the residence of Union Minister Mishra in Lakhimpur Kheri, asking his son Ashish Mishra to appear before it on 9 October.
The bench of Chief Justice
Ramana and Justices Surya Kant and Hima Kohli said the Uttar Pradesh government is not proceeding in the manner in which it should proceed against the accused while adding that the killing of eight people in Lakhimpur Kheri is a “brutal murder” and law must take its course against all accused. The top court asked the Uttar Pradesh government whether in other murder cases the police issue summons instead of arresting the accused.
Not arresting the accused is sending a “wrong message,” the Bench observed as the police have not arrested Ashish Mishra.
The Bench further observed that transferring the case to CBI for investigation is also not a solution. “We are not making comments. CBI is not a solution for reasons known to you… because of the persons involved… better some other people look into it,” Chief Justice told senior advocate Harish Salve appearing for the Uttar Pradesh government.
The apex court ordered the DGP of the Uttar Pradesh government to protect evidence and other materials in the case and not destroy all in the interim by the time another agency takes it over. It listed the matter for hearing on October 20 as the first case.