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“We are not satisfied with the investigation, Evidence must be protected,” Supreme Court pulls up the UP police in Lakhimpur Kheri Violence case

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New Delhi, Oct 8 (ILNS) The Supreme Court today said that it was not satisfied with the steps taken by the State of Uttar Pradesh in the Lakhimpur Kheri Violence that has claimed the lives of eight farmers. The Court directed the State Police Officials to preserve all the evidence in the case. The Court has adjourned its hearing and will hear the matter immediately on reopening after Dushhera vacation on October 20 at 10:30 am.

The Supreme Court bench led by Chief Justice NV Ramana said, “The highest police officer must protect the evidence in the case. Why wasn’t the accused arrested immediately? Why are they not treated like any other citizen? The local police have not done the job properly.”

The bench was also comprising of Justice Surya Kant and Justice Hima Kohli. 

You should make your pudding more palatable,” Justice Hima Kohli said to Senior Advocate Harish Salve appearing for State of Uttar Pradesh

During the hearing, the Court was informed by Additional Advocate General Garima Prasad that a status report has been filed. Senior Advocate Harish Salve appeared for the State Government and apprised the Court that the young man (Ashish Mishra son of Union Minister of State for Home Kumar Ajay Mishra) against whom the notice was issued to be present tomorrow at 11 AM, if he doesn’t come the rigours of law will follow, he said. 

CJI replied, the FIR is under 302IPC you see, we should treat all accused as same…

Salve- there wasn’t a gunshot injury, we have given him notice. The way the car was driven if it’s true possibly a 302 IPC case. 

Justice Hima Kohli – Possibly? You should make your pudding more palatable. 

Salve- If this evidence is true then it’s a 302IPC. 

CJI remarked- We want the State Police to work seriously. Is this the way we treat other accused? There was a gunshot injury. Post-mortem does not show the gunshot injury is the ground to not arrest him. 

Salve- the case is extremely serious.

CJI- If it’s extremely serious, then we say it is not proceeding the way it should be…

Salve- I have spoken to senior police officers. They should have done the needful. I am not saying, that…

CJI- what is the message we are sending to Society. 

Salve- if nothing could happen, we will issue the warrant.

Justice Surya Kant- It’s a case of the brutal murder of Eight people, the law must take its course. 

Salve- what has happened has happened…

CJI- What is the SIT committee? You have involved all the local people in SIT committee. Is any request made by the Govt to give it to CBI? 

Salve no Milord., it’s in Milord’s hand. 

Salve- Please have this on reopening, in the meanwhile please let the police do an Investigation and milord can give it to CBI on reopening.

CJI- Salve, we have respect for you, we hope the State will take the necessary steps, we are not making any comment. CBI is also not the solution because the person involved….you can find out what better can be done. We will have it on reopening.

Justice Surya Kant- The State must take all the steps.

Harish Salve- As rightly said by my lady we have to make a pudding more palatable. 

CJI- We don’t know if a good probe is conducted in this case because of the officers involved. Please ask the DGP to ensure that the evidence is protected and not destroy all in the interim by the time another agency takes it over. 

Adv Aditya- a tweet by TimesNow said CJI met the kin of Lakhimpur. 

CJI- These all things happen in media. 

Justice Kant- we are sorry to see how media is exceeding freedom of speech and expression. CJI is gracious enough to let this go else proceedings could take place. 

CJI- this is absurd how can I go to Lucknow.

Justice Hima- We respect freedom of media, but this is not the way to cross the limits. 

CJI- We have heard Salve, he explains the various steps they have taken by the State Govt. However, we are not satisfied with the steps. The Council assures that he will apprise the court about all the steps and about the investigation by an independent agency.

CJI- We direct the State police officials to preserve all the evidence in the case. Matter to be listed after court reopen./ILNS/KR/SNG/

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