New Delhi. The Supreme Court on Tuesday sought a separate report from the Uttar Pradesh Police on the probe into the second FIR in the Lakhimpur Kheri violence in which four people, including a journalist, were killed. The Supreme Court also ordered to provide security to the witnesses in the case. In this case the widow of a deceased told the apex court that her husband’s killers were roaming freely and no action was taken against them.
Senior advocate Arun Bhardwaj, appearing for Shyam Sundar’s widow Ruby Devi, told Chief Justice N.V. Ramana that the three accused, who are allegedly responsible for the death of her husband, have not taken any action against them by the police.
“The accused are roaming freely and threatening their client,” Bharadwaj said.
Another lawyer representing the journalist who was killed in the incident also requested the court to direct the police to nab the accused.
The bench directed that separate replies should be filed by Uttar Pradesh in the lynching case of a man named Shyam Sundar, who was allegedly attacked after a car rammed into a protest against farmers. And journalist Raman Kashyap was also murdered.
In Sundar’s case, senior advocate Harish Salve, representing the Uttar Pradesh government, submitted that he was an accused who was killed in the incident. Along with the death of the journalist present in the car, the police is also investigating it.
The Chief Justice asked Salve to file a separate reply in the matter. The bench said that there are two complainants before the court – one by Ruby Devi and the other in relation to the death of the journalist. The bench fixed the matter for next hearing on November 8 and said, “The state should file separate replies in this matter.”
A bench of Justices Surya Kant and Hima Kohli also sought forensic laboratories to examine digital evidence in the case to expedite the process of submission of evidence.
The bench expressed surprise that out of a crowd of 4,000-5,000 people, only 23 were eyewitnesses to the incident, where a car rammed several farmers during the protest.
Salve initially said that thirty of the 68 witnesses have recorded their statements under 164 CrPC. Of these, 23 are eyewitnesses. The Chief Justice questioned that in the case where the farmers’ protest was going on, there were hundreds of farmers in that rally and there were only 23 people?
Salve further argued that there was also a person who was videographing the incident. The digital evidence will be sent to laboratories so that they can be accepted as evidence in the case.
In favor of some eyewitnesses in the case, Justice Kant pointed out that most of the local people were on the spot and after the incident most of them are protesting for investigation. He told Salve that access and identification of such persons in the vehicle should not be a major issue.
Salve replied that 164 statements in a sealed cover can be submitted to the apex court and said 16 accused have been identified. In its order, the bench said, “With regard to security of witnesses, we direct the witnesses to be provided security by the State. We further direct that 164 statements be recorded expeditiously.”
The apex court had registered a petition on the basis of letters of two lawyers seeking a CBI probe into the Lakhimpur Kheri violence.
A total of eight people, including four farmers and a local journalist, were killed in the incident, besides two BJP men and their driver. A car of Union Minister of State Ajay Mishra Teni’s son Ashish Mishra allegedly crushed the farmers.
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