Manas Dasgupta
NEW DELHI, Dec 14: The Special Investigation Team (SIT) of the Uttar Pradesh police investigating into the Lakhimpur Kheri violence has found the mowing down of the four farmers and a local journalist a “planned conspiracy” and rejected the initial conclusion of the “accident being caused by negligence.”
The SIT findings has supported the contention of the aggrieved farmers that the violence was a deliberate attack by the perpetrators and strengthened the opposition demand for sacking from the Narendra Modi cabinet of the union minister of state for home Ajay Mishra, whose son Ashish Mishra is the principal accused in the case and is in in the judicial custody along with 11 other accused.
After two months of investigation into the incident the SIT submitted to the court of the judicial magistrate of Lakhimpur Kheri that the killing of four farmers and the journalist, was a “planned conspiracy” and denied that the incident occurred because of negligence or callousness and said the act was deliberate, with an intention to kill. It also sought to invoke charges including attempt to murder and others against the accused, who are currently in Lakhimpur Kheri jail. The accused were presented in court on Tuesday.
Senior Public Prosecutor, Lakhimpur Kheri, S P Yadav said the SIT requested the court that IPC Sections 307, 326, 34 along with Sections 3, 25 and 30 of the Arms Act be invoked against all 13, in addition to the charges mentioned in the FIR (of murder and criminal conspiracy, among others). The court is yet to decide on the SIT’s application.
In the letter, the chief investigation officer of the SIT Vidyaram Diwakar said as per the investigation and evidence collected so far, the criminal act was not committed because of “negligence”; rather it was “intentionally carried out through a planned conspiracy” to kill people. It led to the death of five people and serious injuries to several others. “Hence sections 307 [attempt to murder], 326 [voluntarily causing grievous hurt through weapons] and 34 [criminal act done by several persons with common intention] of IPC and sections of 3/25/30 of the Arms Act should be added to the warrant of the accused and sections 279 [rash driving], 338 [causing grievous hurt because of negligence] and 304A [causing death by negligence] of IPC be dropped,” Diwakar said in the letter.
Eight people were killed in Banbirpur village near Tikunia in Lakhimpur Kheri district on October 3 after three vehicles allegedly ran over a group of farmers returning after staging a protest against the contentious farm laws, causing a massive outrage among farmers.
Two FIRs were filed in the case. One was lodged on the complaint of the families of the dead farmers. It named Ashish Mishra as the main accused. The other one was filed by Sumit Jaiswal against unnamed farmers for instigating violence that led to the death of three people after the SUVs hit the farmers. During preliminary investigation, Jaiswal was seen running from one of the cars of the SUVs that hit the farmers. He was arrested and made one of the 13 accused in the case.
Observers said the addition of the sections of the Arms Act proved that illegal firearms were present at the site of the incident. Forensic reports had confirmed a bullet was fired from Ashish Mishra’s gun. The Minister had maintained that the agitating farmers attacked the vehicle, which lost control resulting in the farmers getting crushed.
The development has come after the Supreme Court directed the SIT to expedite the investigation and posed some tough questions to the U.P. government. Farmer unions have been demanding the dismissal of Ajay Mishra from the Union Cabinet, posing problems for the ruling party in the poll-bound State.
Responding to the development, the Bharatiya Kisan Union said the Samyukt Kisan Morcha’s stand had been vindicated and had made the position of Ajay Mishra all the more untenable in the Cabinet. “The truth has come out. From day one, we have been saying that the Minister and his son are involved in the case. We again demand his immediate dismissal and arrest and the farmers’ struggle will continue till he is shown the door,” said Dharmendra Malik, media in charge the BKU.
