Lakhimpur Kheri Case : Supreme Court Appoints Justice RK Jain, Former P&H HC Judge, To Monitor Investigation
The Supreme Court on Wednesday appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the investigation in the Lakhmipur Kheri violence of October 3, which claimed the lives of 8 persons, including 4 farmers, who were allegedly mowed down by vehicles in the convoy of Ashish Mishra, the son of Union Minister and BJP MP Ajay Kumar Mishra.A...
The Supreme Court on Wednesday appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the investigation in the Lakhmipur Kheri violence of October 3, which claimed the lives of 8 persons, including 4 farmers, who were allegedly mowed down by vehicles in the convoy of Ashish Mishra, the son of Union Minister and BJP MP Ajay Kumar Mishra.
A Bench comprising comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli said that the appointment of the retired High Court judge is done to "ensure fairness, transparency and absolute impartiality" in the outcome of the investigation.
The bench also said that it has included three IPS Officers in the Special Investigation Team constituted by the UP Police to investigate the case. "Mr SB Shirodkar, Mr Deepinder Singh and Padmaja Chauhan, these three police officers will be there in SIT and it stands reconstituted. The investigation will be continued by SIT under the monitoring of the learned judge. Matter will be listed after chargesheet is filed on basis of status report by Ld Judge", the CJI said.
The CJI said that a detailed order to this effect will be passed and uploaded later.
Justice must only be done but also be seen to be done
In the order which was passed later, the Court observed that is necessary to ensure that justice is not only done but also seen to be done.
"This Court is equally concerned about guaranteeing an impartial, fair, just and thorough investigation into the incident which has resulted in such a tragic loss of lives of protesters as well as some other persons.
Earlier hereto, we have expressed our disapproval on the slow pace, manner and outcome of the investigation conducted so far, as well as the composition of the SIT charged with investigating the matter.
While investigating such offences, justice must not only be done, but also be seen and perceived to be done. We thus deem it appropriate to re-constitute the SIT hereinafter to preserve the faith and trust of people in the Criminal Administration of the Justice System. Further, to assure full and complete justice to the victims of crime, we are inclined to order that the ongoing investigation be monitored by a retired High Court Judge, who too may not have his roots in the State of Uttar Pradesh. We, therefore, appoint Justice (Retd.) Rakesh Kumar Jain, a former Judge of the Punjab &Haryana High Court, to monitor the ongoing investigation so as to ensure transparency, fairness and absolute impartiality in the outcome of the investigation in the Lakhimpur Kheri incident which is to be conducted in a timebound manner".
The State of Uttar Pradesh was directed to provide all perks, facilities, emoluments, secretarial assistance and any other related requirements equivalent to the post of a sitting High Court Judge (minus the pension) to the learned Monitoring Judge.
The directions have been issued today after State of Uttar Pradesh on Monday informed the Supreme Court that it is agreeable to the appointment of a retired judge.
The bench had then also observed that the Special Investigation Team constituted by the UP Police to investigate the case needs to be upgraded, as it consists mostly of officers in the grade of Sub Inspectors from the Lakhimpur Kheri region. State of UP was therefore asked to circulate the names of IPS officers of UP cadre who do not hail from UP, for inclusion in the SIT.
On November 8th, the Supreme Court had said that it was proposing to appoint a retired judge from a High Court of another state to monitor the investigation
Senior Advocate Harish Salve, appearing for the State of Uttar Pradesh, had sought for time to get instructions from the State Government on the suggestions made by the bench.
The Bench had expressed dissatisfaction with the Uttar Pradesh Police probe. It was also dissatisfied with the fact that the forensic lab reports regarding the video evidence have not yet come and that the mobile phones of all accused have not been seized.
The bench had expressed concerns about the case against the prime accused in the case relating to attack on farmers being diluted by clubbing the investigation with the counter-case of mob lynching.
A bench headed by the Chief Justice of India NV Ramana, was hearing a PIL registered on the basis of a letter petition sent by two lawyers seeking impartial probe into the Lakhmipur Kheri violence of October 3.
The incident had claimed the lives of 8 people, four of them being farmers protesters who were allegedly mowed down by the vehicles in the convoy of Ashish Mishra, the son of Union Minister and BJP MP Ajay Kumar Mishra.
The Court's action followed the emergence of shocking videos in the social media showing vehicles in the convoy of Ashish Mishra driving into the protesting farmers.
On October 20, Supreme Court had observed that it was getting the impression that the UP Police was "dragging its feet" in its investigation. The bench had made this remark after noting that the statements of only 4 out of the 44 witnesses were recorded under Section 164 of the Code of Criminal Procedure.
"This should not become a never ending story", the CJI had commented.
Case : In Re Violence In Lakhimpur Kheri(UP) Leading To Loss Of Life| WP(Crl) No.426/2021
Click here to read/download the order