SC Express Dissatisfaction over Inaction of UP Government in Lakhimpur Violence Case
Manas Dasgupta
NEW DELHI, Oct 8: Even as the Supreme Court expressed total dissatisfaction over the handling of the Lakhimpur Kheri violence case by the Uttar Pradesh government in allowing the principal accused to roam scot free even five days after the gory incident, the state government managed to buy time till October 20 of escaping the wrath of the apex court.
Though the Supreme Court hinted at the UP government behaving differently just because the main accused happened to be the son of a union minister, the unabashed state government pleader maintained that a “young man was being wrongly targeted” while assuring the apex court by the next date of the hearing the state government would take the necessary corrective measures.
The main accused, Ashish Mishra, the son of the union minister of state for home Ajay Mishra, ignored the police summons for questioning on Friday. But his father defended him claiming that he did not respond to the summons because he was “unwell” but would certainly answer the questions on Saturday. The police have re-summoned him at 11 A.M. on Saturday for questioning.
The treatment being given to the VIP son despite a serious charge like murder hanging against him did not go down well with the Supreme Court which said in case of ordinary citizens the police would not have kept quite after issuing an “invitation” for questioning but would have taken pro-active step of moving forward to arrest the murder accused. “The court is not satisfied with the actions taken in the case so far,” the chief justice of India NV Ramana told the state government pleader in the case on Friday.
Hearing the case, the Supreme Court said the UP government’s “resolve” to fairly investigate the Lakhimpur Kheri incident of Sunday including allegations of murder against a Union Minister’s son, seemed “just all talk and no action.”
“Your seriousness is only in words and not in your actions,” Chief Justice of India (CJI) NV Ramana told the government.
Justice Hima Kohli told the State, “There is an old adage which rings true in this situation – the proof of the pudding is in the eating…”
Justice Surya Kant, on the Bench, told the State, “It is a case of brutal murder of eight persons, law must take its course against all the accused.” The court stated that it was dissatisfied with the government’s status report on the investigation.
The Supreme Court said it was “not satisfied with the steps taken” by the state government in the probe into the death of eight persons, the apex court also sought to know why the accused in the case have not been arrested so far.
“This is the opinion of the bench. We expect there is a responsible government, police officers and system. When there is a serious allegation of gunshot injury, will other accused in this country be treated the same way, by sending invitations?” asked CJI Ramana who is heading the three-judge bench hearing the case. Chief Justice Ramana pointed out how even the special investigation team formed by the State was made of “local” police officers, inspectors, police superintendents and a DIG.
Senior advocate Harish Salve, who represented the state along with the State Additional Advocate General Garima Parshad,
began his submissions, saying a “young man,” ostensibly Ashish Mishra, was being “targeted.” Ashish is accused of shooting dead a farmer while trying to escape agitated farmers after vehicles in the Minister’s convoy rammed into them.
Salve further said, “One thing is very clear…further developments (show), young man against whom the allegations are targeted appears to be a serious problem. We have given him notice. He asked for time. We have asked him to come at 11 am tomorrow. if he does not come, rigor of law will kick in.”
“It’s a very serious problem. That’s why made no comments yesterday,” said the CJI. However, responding to Salve’s comments that the post-mortem did not reveal any gunshot injuries, the CJI remarked, “Is that a ground for the accused…I don’t want to say anything more.” Salve said the police had found two cartridges but added, “May be he had bad aim and missed.”
“It’s serious. The way it has to be proceeded, you are not proceeding. It appears only in words and not in action”, the CJI said. “The charges are serious,” Chief Justice Ramana addressed Mr. Salve.
To Salve’s claim that rigor of law would take its course if Ashish failed to respond to Saturday’s summons, the CJI asked sharply,“Is it the same way you treat other accused too? Like sending notices, etc.” Salve said he was instructed by the State that the postmortem report on the victim did not show bullet injuries. “That is why notice was issued. If the allegations are true, it is certainly a Section 302 IPC [murder] case,” he stated.
After conferring for a moment, the CJI addressed Salve, saying “This is the opinion of the Bench… As a responsible State government with a system and police, when there is a serious allegation of death or gunshot injury.. will the accused in this country be treated the same way?”
Chief Justice Ramana told Salve, “It is an extremely serious issue, you are not proceeding in the way you should be… Imagine, what is the message we are sending out? In normal circumstances, a case of Section 302 IPC will be registered. The police will go out and arrest that person.”
The court then asked whether the State had made a request to the CBI to take over the case. Salve replied in the negative. After a pause, the court itself went on to express doubts about transferring the case to the CBI. “The CBI is not a solution for reason of the persons involved…” Chief Justice Ramana told Salve apparently hinting that the father of the accused was the boss of the CBI as the union minister of state for home.
Salve said, “I asked them (police) and they said one thing. The-post mortem did not show any bullet wounds. That’s why they gave him a 161 notice (under Section 161 CrPC). If there was a bullet wound, it would have been different.” He, however, added, “The manner in which the car was driven, I have to say the (section) 302 (IPC) allegations are possibly true. The evidence before us is pretty strong. if evidence is strong, it is a 302 case.”
Agreeing that the measures have not been adequate, Salve said, “What they have done is not satisfactory” and added that what they do by the next date of hearing will satisfy the court. The CJI also opined against the same officers continuing and said “because of their conduct, we don’t think they will investigate properly.”
The senior lawyer urged the court to give some more time to the State to repair the shortfalls in the investigation. He said everything would fall in place in a day or two. He would talk to the Home Secretary and the DGP. “They [State] should have done the needful… They have to make another pudding and make it palatable,” Salve said. The court could list the case immediately on reopening after the Dasara holidays. The court posted the case for October 20 as the first item on the list. “We have respect for you, Mr. Salve. We hope the State will take the necessary steps,” the CJI observed.
Ajay Mishra told media persons on Friday that his son was “innocent” and would appear before the UP police on Saturday to record his statement. He said Ashish missed the police summons for Friday 10 am as he was “not well”.
“We have full faith in law. My son is innocent. He got a notice on Thursday but he said he was not well. He will appear before the police tomorrow and give his statement and evidence as he is innocent,” the Union Minister of State for Home told reporters at Chowdhury Charan Singh airport here.
On Opposition relentless attack on him and demand for his resignation, the minister said, “Vipaksh to kuch bhi mangta hai (Opposition can demand anything).” “This is a BJP government which works in an unbiased manner. Action will be taken against those found guilty,” he said.
The Minister’s son is named in the FIR in the Lakhimpur violence that took place on October 3 in which eight persons including four farmers and a journalist were killed. Ashish was asked by the police to appear before it at 10 am Friday, but he skipped the summons.
