Lucknow/Delhi: The CJI-led bench of the Supreme Court on Friday has started hearing the Lakhimpur Kheri violence case. CJI Ramana said, "Because of the sensitivity of the issue, we are not making any comments. Because of the persons involved, CBI is also not an option and we are not saying anything about the CBI. But this doesn't mean they should keep their hands. They must take action. Onus is on the state government to take actions."
Senior advocate Harish Salve, who is appearing for the UP government, has said, "I have been assured at the highest level that action will be taken."
Earlier, Salve said the UP government has filed its status report in the Lakhimpur Kheri case. "Status report has been filed. One thing is very clear that further developments are there. The young man against whom the allegations are targeted. He was to come today, he has asked for time. We have given him time till 11 am tomorrow,” said Salve on behalf of the UP government.
CJI Ramana has said, "If you see the FIR that was filed, it's an offence under Section 302. You're treating him the way you treat other accused."
"The post-mortem report did not show any bullet wounds. That's why they issued the Section 160 notice. The manner in which the car was driven then it's possible that it's a Section 302 case. I have to say that it's possible that the charges are true. Till trial is complete, we have to say "if". If the evidence is true then it is a Section 302 (murder) case," said Harish Salve.
The Supreme Court has postponed the matter for further hearing on October 20.
Union Minister of State for Home Kumar Ajay Mishra’s son Ashish Mishra, who was asked to appear before the police at 10 am on Friday in connection with the Lakhimpur Kheri violence, did not reach the police lines till 10.30 am, sources told PTI.
Yesterday, the Uttar Pradesh Police constituted a 9-member monitoring committee led by DIG (Headquarters) Upendra Agrawal to probe the Lakhimpur Kheri violence. According to police sources, the police had been tracking Ashish Mishra's mobile phone and his location was found to be near Gauriphanta on the Uttar Pradesh-Nepal border on Thursday. However, he is apparently changing his location which is now said to be in Bajpura in Uttarakhand.
"We have alerted our counterparts in Uttarakhand and also Nepal, and teams have been set up to search for him," said a senior police official. Meanwhile, workers at his Dulari House residence in Shahpura area in Lakhimpur said that he had left home 'two days ago'.
Apparently, he was apprehensive of being arrested by the police.
Samajwadi Party president Akhilesh Yadav on Friday said Ajay Mishra Teni had old connections with Nepal and it is now up to the Central government to intervene in the matter.
Meanwhile, Uttar Pradesh Chief Minister Yogi Adityanath said "the guilty in the violence won't be spared". Participating in India Today conclave he criticised the Congress and other opposition leaders for playing politics over the Lakhimpur Kheri violence incident.
The Supreme Court, on Thursday, while hearing the Lakhimpur violence case sought a status report from the Uttar Pradesh government regarding the accused and whether any action had been taken against them. A Bench led by Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli is hearing the matter.
A three-judge bench comprising CJI Ramana and Justices Surya Kant and Hima Kohli wanted a detailed report from the UP government on events that lead to this mayhem. Justice Surya Kant said, "There are other people who have died...we need to know who are the accused persons against whom you have registered FIRs and if you have them arrested or not."
The apex court further questioned the UP government over grievances received regarding the investigation.
It is known that the UP government had set up a commission led by a former HC judge to probe the deaths that took place during farmer protests on Sunday.
Also read: Can't protest when the matter is already before court, says SC
Earlier, police have arrested two persons in connection with the Sunday violence in the Lakhimpur district. The arrested persons have been identified as Luvkush Rana and Ashish Pandey, according to the police spokesperson.
Four of the eight people who died in Sunday's violence in Lakhimpur Kheri were farmers, allegedly knocked down by vehicles driven by BJP workers travelling to welcome Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya to an event in the area.
Also read: 'Conduct of accused to be considered', SC issues guidelines for bail on filing of chargesheet