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regular-article-logo Saturday, 11 May 2024

SC frowns on composition of SIT probing Lakhimpur massacre

The Supreme Court asked the Uttar Pradesh government to enlist senior cops, including an IPS officer from outside the state, to ensure an impartial investigation

R. Balaji New Delhi Published 16.11.21, 02:35 AM
Supreme Court.

Supreme Court. File photo

The Supreme Court on Monday frowned on the composition of the special investigation team probing the Lakhimpur Kheri massacre and asked the Uttar Pradesh government to enlist senior cops, including an IPS officer from outside the state, to ensure an impartial investigation.

A week earlier, the court had said the probe was “not going the way we expected”, feared “one particular accused is sought to be given benefit” and suggested appointing a retired judge to monitor the investigation and inject “independence, impartiality and fairness”.

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On Monday, the bench of Chief Justice N.V. Ramana and Justices Surya Kant and Hima Kohli underlined that the present SIT was made up mostly of sub-inspectors from the Lakhimpur region.

It said the team needed more senior officers and a senior IPS officer from outside the state.

“Most officers are from Lakhimpur only,” Justice Kant said.

“You have to upgrade the task force (SIT). They have to be higher officers,” Justice Ramana told senior advocate Harish Salve, who was representing the state government.

“Submit the names (of the senior police officers) by tomorrow evening so that we can incorporate it in our order, which we will pass on Wednesday.”

On Wednesday, the bench is expected to choose a retired judge to monitor the probe, a decision it reserved on Monday.

The SIT is probing allegations that Ashis Mishra, son of Union minister Ajay Mishra Teni, had led a convoy in mowing down four protesting farmers and a journalist on October 3. A driver and two BJP workers were then allegedly lynched by other farmers.

A week ago, the apex court had suggested appointing either Justice Rakesh Jain or Justice Ranjit Singh, both former Punjab and Haryana High Court judges, as the monitor and sought feedback from the Uttar Pradesh government.

On Monday, Salve said the state was fine with the idea and would leave it to the apex court to pick the judge.

“Since we are considering either Rakesh Jain or some other judge, we need time to talk to the judge for their consent,” Justice Ramana said.

Salve implied the court need not necessarily exclude retired judges from Allahabad High Court for the task, saying: “It’s the person who matters; Your Lordship may appoint any judge regardless of the state.”

Senior advocate Arun Bhardwaj, appearing for the wife of alleged lynching victim Shyam Sundar Nishad, said a retired Supreme Court judge could be appointed too. Justice Ramana said he would look into the suggestion.

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