The Supreme Court on Wednesday slammed the Uttar Pradesh government and said that it was getting an impression that the Uttar Pradesh Police was “dragging its feet” in its investigation into the 3 October violence in Lakhimpur Kheri where eight persons, including four farmers, were killed during a farmers’ protest. “We think you (UP Police) are dragging your feet. Please dispel that impression,” a Bench of Chief Justice of India N.V. Ramana and Justices Surya Kant and Hima Kohli observed. The observation of the Bench came after noting that the statements of only four witnesses have been recorded under Section 164 of the Code of Criminal Procedure.
The apex court adjourned the hearing in the Lakhimpur Kheri case to 26 October and asked the SIT probing the case to record statements of other witnesses also under Section 164 CrPC. The top court questioned Senior Advocate Harish Salve, appearing for the Uttar Pradesh government, why the statements of other witnesses were not recorded. Salve then requested the Bench for time to record statements of wit
nesses and the case was adjourned to 26 October.
The Bench pointed out that the Special Investigation Team will have to identify the vulnerable witnesses and provide them protection and record their statements under Section 164 CrPC, as it will have more evidentiary value. At the outset, Salve said the apex court that he had submitted a report on the incident in a sealed cover.
The Bench responded that it never said anything about the report in a sealed cover. Salve said, “A concern was stated that the State was going soft on the accused, now everybody is arrested and they are in jail. As of today, 10 accused are arrested. There are two crimes which were driving into farmers and the other one in which a person was lynched.”
The top court after perusing the report of the UP government questioned why out of 44 witnesses, statements of only four were recorded. The statements of other witnesses were being recorded, but the courts had shut (due to Dussehra break), Salve said. It asked Salve how many accused are in judicial custody and how many are in police custody. Salve replied that out of the 10 accused (in crime related to driving of vehicle into the farmers), four were in police custody. The Bench then asked Slave, “What about the other six? You did not seek custody so they were sent to judicial custody. What is the situation in this case?”
Questioning the UP government on why police custody of other accused was not sought, the Bench said, “Until and unless they are interrogated by police, you won’t find out.” Salve apprised the apex court that the phones of the accused had been seized and the videos have been sent for forensic examination. “If the forensic reports come, there may not be a need for further questioning,” he added.