NEW DELHI: Hauling up the UP Police for not recording statements of vulnerable witnesses in the Lakhimpur Kheri violence, the Supreme Court on Wednesday pulled it up for dilly-dallying and delaying the filing of the status report in the probe. Eight persons, including four farmers, were killed in the violence on October 3.
“We think you are dragging your feet. Please dispel that impression,” observed a bench led by Chief Justice of India N V Ramana. The remarks came while perusing the UP government’s status report that was filed in a sealed cover just before the hearing. “We had expected it (report) yesterday and waited for it till late night,” the CJI told UP’s counsel, adding they hadn’t instructed filing it in a sealed cover.
In the past, the court had faced criticism for the sealed cover procedure in sensitive cases like the Rafale scam. During the hearing, the bench asked as to why the police had recorded statements of only four out of 44 witnesses under Section 164 of the CrPC. “This statement (164 CrPC) has more evidentiary value; why haven’t you recorded them? Statement before police will not lead anywhere,” Justice Suryakant said.
Senior advocate Harish Salve, who also represented UP, claimed the probe into the killing of farmers was still on and the process to record statements is ongoing. He said the police had recorded two FIRs — one related to the murder case allegedly involving the son of a Union minister after SUVs ploughed into farmers in the village, and the other in which the crowd lynched and killed those who were in the cars.
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Salve said 10 people have been arrested in connection with the farmers’ killing, of which four are still in police custody. Saying it was only concerned with the attack on farmers, the bench asked whether the accused were taken into police custody. The counsel said prior to being sent to jail, the six accused were in police custody for three days. The bench then asked if the police themselves gave up the right to seek their police custody or the local court denied them custody.
Witness protection
The bench told Salve to protect vulnerable witnesses. “You are in a better position to ascertain who needs protection. Record their statements and give them protection.” Salve said he will make sure the UP govt draws up a witness protection plan and will share the details on October 26, the next date of hearing