Lakhimpur Kheri case: UP govt accepts Supreme Court suggestion for monitoring probe by ex-judge

New Delhi: The Uttar Pradesh government on Monday agreed to the Supreme Court suggestion that a former judge of its choice may be appointed to supervise the state SIT's probe on day-to-day basis into the Lakhimpur Kheri violence in which eight people including four farmers were killed on October 3.

The top court, while taking note of the state's consent, red flagged the issue of involvement of mostly low-ranking police officers in the ongoing SIT probe in the case and sought names of IPS officers, who are of UP cadre but not the native of the state, for being included in the investigation team.

“The other concern is about the task force (SIT). The police officers of this task force have to be little higher grade officers and not from Lakhimpur area...Most of the members are SI (sub-inspector),” said the court.

“Why don't you give some names of some IPS officers. We mean directly recruited IPS officers who are in UP cadre, but do not belong to the state of Uttar Pradesh. Give the names by tomorrow evening,” said the bench headed by Chief Justice N V Ramana.

At the outset, senior advocate Harish Salve, appearing for the state government, made a statement to the suggestion made by the bench earlier saying, “I have taken instructions and your Lordship can make the order” on appointing a former judge to oversee the Special Investigation Team (SIT) probe.

The bench said it would need a day to decide the name of former judge and that he may be a Supreme Court or a High Court judge and take his consent.

“We need one more day's time because we need to talk to the judge concerned... We will list it again on Wednesday and find out the judge who is willing to take up the job,” the bench said.

While consenting, Salve said the state has no issues with the apex court appointing a former judge of its choice to monitor the probe, but the point that he should not be a native of Uttar Pradesh should not bear in mind as the person concerned is a relevant factor.

“Whoever, your lordships may consider appropriate, be appointed...Not inside or outside the state. It is not that the judge from the state cannot be appointed. Somebody, who the Lordships feel appropriate can be appointed. It is the person which is important and not the state,” Salve said.

Earlier, the apex court had granted time till November 15 to the Uttar Pradesh government for apprising its stand on the suggestion that a former judge of a “different high court” should monitor the state SIT probe.

Prior to this, the bench had expressed dissatisfaction over the probe and suggested that to infuse "independence, impartiality and fairness” in the ongoing investigation, a former judge of a “different high court” should monitor it on a day-to-day basis.

The bench had also said that it has no confidence and does not want the one-member judicial commission appointed by the state to continue the probe into the case.

Retired Allahabad High Court judge Justice Pradeep Kumar Srivastava was named by the state government to enquire into the eruption of violence on Tikonia-Banbirpur road in Lakhimpur Kheri district.

“We, somehow or the other, are not confident and we do want any judicial commission appointed by your state government to continue,” the bench had said.

“We propose to appoint a person like say from Punjab and Haryana High Court, Justice Ranjit Singh, who has an expertise in criminal law and army background... Let an independent judge like Justice Rakesh Kumar Jain, again from the same HC, monitor everything,” it had said.

The police have so far arrested 13 accused, including Union Minister of State for Home Ajay Mishra's son Ashish Mishra, in connection with the case.

The apex court was hearing a matter about the October 3 violence in Lakhimpur Kheri in which eight persons including four farmers were killed during a farmers' protest.