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Lakhimpur violence: Hundreds of farmers on spot, but just 23 eyewitnesses? SC asks UP govt

Hearing the Public Interest Litigation (PIL) filed in the Lakhimpur Kheri Violence Case, the Supreme Court on Tuesday directed the Uttar Pradesh government to ensure the safety of all the eyewitnesses in the case. Along with this, the court said that the statements of the witnesses should be recorded before the magistrate at the earliest. The next hearing of the case will be on November 8. It may be recalled that eight people, including four farmers and a journalist, were killed in this violence.

A bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Hima Kohli also directed the state government to record the statements of other witnesses in the case under section 164 of the Code of Criminal Procedure (CrPC). “We direct the concerned District Judge to entrust the recording of evidence under Section 164 CrPC to the nearest Judicial Magistrate,” the bench said.

Senior advocates Harish Salve and Garima Prasad appeared in court on behalf of the Uttar Pradesh government. Salve told the court that the statements of 30 witnesses have been recorded before the magistrate, out of which 23 are eye-witnesses. There are some left, whose statement is yet to be recorded.

To this, the bench asked that thousands of farmers were present during the rally in Lakhimpur, but you got only 23 eyewitnesses till now? Salve replied that by giving a public advertisement, we have asked that all the eyewitnesses to come forward. Along with this, attention has also been paid to all mobile videos and videography in the incident. The Chief Justice said that every aspect and possibility should be explored and the investigation should be carried forward.

Advocate Arun Bhardwaj, appearing for the wife of one of the deceased Shyam Sundar, told the court that the police is not taking any action on the complaint of my client, even though it recognizes the three accused. On this, the CJI asked Harish Salve to look into the matter. Salve told the court that Shyam Sundar is also an accused in this case and also a victim. The CJI ordered that action be taken on the complaint of the victim, Ruby Devi. Also, the state government should present a status report on the death of Shyam Sundar and the journalist.

The bench asked Salve to apprise the forensic laboratories of his concerns regarding the preparation of the report of electronic evidence. 

Meanwhile, the top court also directed the state government to file a report in respect of two complaints related to the lynching case of the journalist. The bench said that the state is directed to file separate replies in these matters. 

The Supreme Court had said on October 20 that the investigation into the Lakhimpur Kheri violence should not be an “endless story”. At the same time, while reprimanding the Uttar Pradesh government, it was said that the court felt that the state police was ‘dragging its feet’. Instructions were also given to provide protection to the witnesses.

Source: dnaindia.com