Lakhimpur Kheri: UP govt dragging its feet, says SC; asks it to dispel impression, speed up recording of witness statements

THE Supreme Court Wednesday observed that the Uttar Pradesh Government appeared to be dragging its feet while investigating the violence that broke out in Lakhimpur Kheri, where farmers were holding a peaceful protest.

The remarks were made by Justice Hima Kohli who was on a three-judge bench led by CJI NV Ramana along with Justice Surya Kant after it found from the status report that witness statements had not been recorded before the magistrate ( Section 164 of the Criminal Procedure Code (CrPC)). Unlike statements before a police officer, those recorded before a magistrate hold evidentiary value.

The court was informed that of the 44 witnesses, the statements of only four witnesses had been recorded under Section 164 CrPC.

Adding that it was for the state government to dispel that impression (that it was dragging its feet), the bench directed the state government to ensure that all statements were recorded under Section 164 CrPC at the earliest and valuable witnesses were provided safety and security.

Senior Advocate Harish Salve, for the UP Government, told the bench that as many as 10 accused had been arrested and the probe was in progress.

At the outset, the CJI expressed displeasure at the UP government's delay in filing the status report in the matter.

"We waited till 1 AM last night for any filing. But we received nothing", said CJI after he was handed over the status report during the hearing.

"We expected the report a day before the hearing", CJI added.

Salve apologized for the inconvenience to the bench.

On October 8, the top court had questioned the state government for not arresting Ashish Mishra, the son of Minister of State (MoS) in the Union Home Ministry Ajay Mishra, accused of mowing down protesting farmers in Lakhimpur Kheri. Eight people died in the violence. Ashish Mishra later came to be arrested by the police.

The protesting farmers claimed the violence broke out after a car in the minister's convoy ran over protesters. Multiple videos of a car registered under the name of MoS Mishra speeding through a crowd of protestors from behind them and crushing some of them have gone viral over social media over the last few days. Visuals from the area showed arson and vehicles being set on fire. Eight people, including four farmers and a journalist, were killed in the incident, NDTV reported.

The UP government has announced that Rs 45 lakh will be given to each of the families of those who died, along with a government job to a member of each family. Those injured will be given Rs 10 lakh.

Mobile internet services had been suspended in parts of the violence-hit district, where restrictions under Section 144 of the CrPC, which prohibits the assembly of four or more people, has also been imposed, according to officials, reported NDTV.