The Supreme Court on Friday pulled up the Uttar Pradesh government, saying it is "not satisfied" with the steps taken by the state in the case of Lakhimpur Kheri violence, in which eight people were killed, including four farmers.
The top court also expressed its displeasure over the non-arrest of accused Ashish Mishra, son of Union Minister of State for Home Ajay Kumar Mishra, while asking "Is this the way you treat the accused in other cases as well? (You are) sending notice!"
"It is a brutal murder of eight persons. Law must take its course against all accused," a bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli said, hearing a PIL registered on the basis of a letter by two advocates for action and CBI probe into the October 3 incident.
Representing the Uttar Pradesh government, senior advocate Harish Salve submitted that Ashish, who allegedly mowed down protesting farmers, had been asked to appear by Saturday 11 am.
"Since post mortem did not show any bullet injury. That is why a notice under Section 160 CrPC was sent. But the manner in which car was driven and if allegations are true, there is a case of murder," he said.
To this, the bench asked Salve, "When there is a serious allegation of murder...how the accused in other parts of the country are treated. Please tell us."
Salve admitted the case is extremely serious.
"If it is an extremely serious case that's not how things are taking place. It is only in words and not in action," the bench said.
The bench further asked Salve if the state government has made a request to give the case to the CBI.
He said that it was entirely in the court's hands.
To this, the bench said, "CBI is also not a solution and you know the reason why...You find out better mode".
Salve said all the shortfalls would be addressed in two days.
The court said it expected the state government, system and police would act in a responsible manner.
Salve asked the court to take up the matter for hearing immediately after the Dussehra vacation.
During the hearing, the court also took a strong objection to SIT formed in the matter, comprising local officers.
The bench said it may not be required to keep the SIT anymore, but they should not destroy evidence or do anything negative.
The court said that it would take up the matter after Dussehra vacation.
"It does not mean the state holds its hands," the bench said, seeking immediate steps.
"You have to inspire confidence. Because of the sensitivity of the issue, state should understand, we aren't saying anything more," the bench said, listing the case for hearing on October 20.
The court directed the state government to ensure all pieces of evidence were preserved till another agency took over the probe.
On Thursday, the court asked the Uttar Pradesh government to file a status report as to who were the persons named as accused in the case in the Lakhimpur Kheri case and whether they have been arrested or not.
Farmers' outfits and Opposition leaders claimed that a car ferrying Union Minister of State for Home Ajay Mishra's son Ashish ran over a group of protesters gathered to oppose a programme attended by Uttar Pradesh's deputy Chief Minister Keshav Prasad Maurya.
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