Lakhimpur Kheri Violence : Supreme Court Asks UP Government To File Status Report On Investigation Tomorrow

The Supreme Court on Thursday directed the Uttar Pradesh Government to file a status report by tomorrow regarding the investigation in the Lakhimpur Kheri violence, which claimed the lives of 8 people, four of them being farmers protesters who were allegedly mowed down by a vehicle driven by the son of Union Minister and BJP MP Ajay Kumar Mishra.

The Court stated that the status report should contain the details of the accused and should mention if they have been arrested. The bench also told the UP Government to ensure medical aid to the mother of deceased Lovepreet Singh, who was said to be unwell due to mental shock.

A Bench comprising Chief Justice Of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing its suo moto case regarding the recent Lakhimpur Kheri Violence incident. (In Re- Violence in Lakhimpur Kheri (UP) Leading To Loss Of Life).

Court room exchange

As the matter was taken, the Chief Justice of India said that two lawyers had written a letter to him urging the Court to take suo motu cognizance of the issue. The CJI said that the direction given to the registry was to register it as a PIL, but a suo motu case was instead registered. But stating that it was not an issue, the CJI-led bench proceeded to hear Advocate Shiv Kumar Tripathi, who was one of the signatories of the letter.

Tripathi submitted that the UP Government has not taken the appropriate steps to protect democratic rights. Tripathi said that the letter was written seeking directions to register the FIR.

The bench pointed out that an FIR has already been registered.

Senior Advocate Garima Prashad, Additional Advocate General for Uttar Pradesh, acknowledging that the entire incident was "unfortunate", submitted that an SIT has been constituted and a judicial enquiry has been ordered, and assured that the proper steps will be taken.

"We also feel that way. 8 people lost their lives", the CJI said when Ms.Prashad termed the incident "unfortunate".

Ms.Prashad submitted that a retired judge of the Allahabad High Court was appointed as the judicial commission for enquiry. When the bench asked who the judge was, the AAG sought for time to get instructions to get the name of the retired judge who has been appointed. She sought for time till tomorrow to file a report.

The CJI asked her also to find out what happened to the PILs filed before the Allahabad High Court regarding the incident.

Justice Surya Kant said that the bench wanted to know who are the accused persons and whether they have been arrested. The judge said that these information also need to be put in the status report.

"It is in the petition that 8 persons, including 4 farmers & one journalists have been killed. We need to know who are accused against whom FIR has been filed & if they have been arrested. Add that in your status report", Justice Surya Kant said.

The CJI also said that the bench has received a message that the mother of one of the deceased (Lovepreet Singh) is unwell due to the shock of the death of her son. The CJI told the AAG to ensure that the State is providing proper medical aid to her.

"We received a message right now that mother of deceased, Lovepreet Singh, is in critical condition, due to shock of loss of son & is need of urgent medical attention. Immediately communicate to Your state government & take care. Provide all medical facilities", the CJI said. The AAG agreed to this.

The Court will consider the matter tomorrow.

Background

The recent violent incident at Lakhimpur Kheri led to death of a total of 8 people, four of whom were mowed down by a vehicle allegedly being driven by the son of Union Minister and BJP MP Ajay Kumar Mishra.

A First Information Report (FIR) has already been lodged against the son of Union Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra 'Teni', Ashish Mishra alias Monu in connection with the recent violent incident of Lakhimpur Kheri, in which a total of 8 people died, four of whom were mowed down by a vehicle allegedly being driven by Mishra.

The FIR has been filed under Indian Penal Code (IPC) Sections 302 for murder, 304-A for causing death due to reckless driving, 120-B for criminal conspiracy and 147 for rioting, 279 for rash driving, 338 for causing grievous hurt to any person by doing any act so rashly or negligently as to endanger human life along with other penal provisions at the Tikunia police station.

Petitions Relating to The Incident: Two lawyers from Uttar Pradesh recently wrote to the Chief Justice of India NV Ramana seeking a time-bound CBI probe into the recent violent incident of Lakhimpur Kheri

A letter petition has also been moved before the Allahabad High Court seeking CBI probe into the incident arguing that due to this dreadful incident, the law and order of the State of Uttar Pradesh is in great danger and any miss happening may take place if preventive actions are not taken by the state at an earliest.

About the incident:

On October 3, several farmers were holding protests against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya to Lakhimpur Kheri district, when four protesting farmers were killed after they were mowed down by an SUV.

Allegedly, the SUV was the part of the convoy of Union Minister of State for Home Affairs and BJP MP Ajay Kumar Mishra.

The police has filed a first information report against Ashish Mishra (son of minister Ajay Kumar Mishra) and several others in connection with the violence under Section 302 IPC.

An alleged video of the incident has also surfaced in social media showing a group of protesters moving forward on a road next to farm fields and then being mowed down by a grey SUV that speeds up from behind.

The Uttar Pradesh government has announced that a retired High Court judge will probe the Lakhimpur Kheri violence and also, 45 lakh compensation would be given to the families of the four farmers killed in the incident.

Case Title: In Re- Violence in Lakhimpur Kheri (UP) Leading To Loss Of Life| SMW(Crl) 3/2021

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