New Delhi: The Supreme Court on Monday asked UP government to appoint a former high court judge to monitor the ongoing investigation into the October 3 Lakhimpur Kheri incident in which eight people, including four farmers, were killed in violence during a farmers' protest. The court added that the probe by the Uttar Pradesh Police was "not going the way it expected".
A bench headed by Chief Justice N.V. Ramana, comprising Justices Surya Kant and Hima Kohli, sought the response of the Uttar Pradesh government, represented by senior advocates Harish Salve and Garima Prasad, by Friday. The bench also suggested the names of former judges of the Punjab and Haryana High Court, Justices Rakesh Kumar Jain or Ranjit Singh, for overseeing the probe till the filing of the charge sheets in the cases.
Earlier, on October 26, the bench had directed the Uttar Pradesh government to provide protection to witnesses under the Witness Protection Scheme-2018.
The top court had also instructed the state government to record the statements of other witnesses before the judicial magistrate under Section 164 of the Code of Criminal Procedure (CrPC) and expedite the examination of digital evidence by experts. Statements under Section 164 of the CrPC are recorded before a judicial magistrate as it holds evidentiary value.
Earlier, the bench had sought a status report on the alleged lynching of a journalist and one Shyam Sundar by the mob after an SUV had mowed down four protesting farmers.
Read: Can't protest when the matter is already before court, says SC
The top court is hearing the Lakhimpur Kheri case after two lawyers had written to the CJI seeking a high-level judicial inquiry, also involving the CBI, into the incident.
The counsel appearing for the state government had told the apex court on October 26 that out of 68 witnesses, the statements of 30 witnesses have been recorded under Section 164 of the CrPC and some more testimonies will be recorded.
Four farmers were mowed down by an SUV in Lakhimpur Kheri when a group agitating against the Centre's farm laws was holding a demonstration against the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya on October 3.
Two BJP workers and a driver were beaten to death allegedly by the angry protesters, while a local journalist was also killed in the violence.
Farmer leaders have claimed that Ashish Mishra, son of nion Minister of State for Home Ajay Mishra was in one of the cars that allegedly knocked down the protesters but the minister had denied the allegations. The police have so far arrested several accused, including Union Minister's son in connection with the case.
It is known that the Supreme Court had stayed the implementation of these laws in January. Initially, the protests started from Punjab but later spread to Delhi, Haryana and Uttar Pradesh.
Several farmer organisations are protesting against the three laws - the Farmers Produce Trade and Commerce (Promotion and Facilitation) Act 2020, the Essential Commodities (Amendment) Act 2020 and the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020 since November.
Read: Lakhimpur violence: Court defers till Nov 15 hearing on bail plea of Ashish Mishra, two others
