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Lakhimpur Kheri case: Investigation can't be unending, State must not drag its feet, SC tells UP govt

The top court has posted the matter for hearing on October 26
Last Updated 20 October 2021, 08:46 IST

The Supreme Court on Wednesday told the Uttar Pradesh government that the investigation into the Lakhimpur Kheri case -- related to mowing down of protesting farmers -- cannot be an unending process and the State must dispel the impression that it was dragging its feet.

Taking up a PIL in the matter allegedly involving Ashish Mishra, son of Union Minister of State for Home Ajay Mishra, a bench presided over by Chief Justice N V Ramana asked senior advocate Harish Salve, appearing for the state government, to ensure statements of witnesses were recorded before a magistrate and adequate protection was granted to them.

The court queried the state government counsel over the delay in recording of statement of witnesses before a judicial magistrate.

The investigation should not be an "unending story", the bench said, adding recording of statement for a judicial magistrate got far better evidentiary value.

Going through a status report, the court noted that of 34 witnesses, only four witnesses' statement were recorded.

"We feel you are dragging your feet. Please dispel that," the bench, also comprising Justices Surya Kant and Hima Kohli told Salve.

The counsel, for his part, said that two FIRs were lodged into the matter, one related to killing of farmers and another on lynching of other persons.

He said as many as 10 accused had been arrested in the matter and four were in police custody for interrogation. Salve also said the second FIR lodged in the matter related to lynching was a little difficult to investigate.

He also pointed out several videos of the incident have been received and sent for forensic examinations.

He sought further time to file a fresh status report, detailing the steps taken for investigation into the case.

The court, allowing his plea, put the matter for consideration on October 26.

At the outset, the bench also ticked off the state government counsel for last minute filing of its status report in the case. Salve assured the court to file its next status report on Monday.

As many as eight people, including four farmers, were killed on October 3, when a car allegedly ferrying the Union Minister's son ran over a group of protesters gathered to oppose a programme attended by Uttar Pradesh's deputy Chief Minister Keshav Prasad Maurya. The minister's son was arrested in the case subsequently after the top court took up a letter petition filed by advocate Shiv Kumar Tripathi and pulled up the UP government over the delay.

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(Published 20 October 2021, 07:34 IST)

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