Thread by @LawBeatInd

#SupremeCourt to continue hearing PIL seeking time-bound CBI probe into the #LakhimpurKheri incident. On the last date of hearing the court sought a separate status report from UP govt over killings in #LakhimpurKheriViolence of JournalistKashyap and an accused Shyam Sundar.

On the last date of hearing the State of UP as to why only 23 witnesses have been identified in a rally in which 4000 people participated. #SupremeCourtofIndia #LakhimpurKheriviolence

lawbeat.in/top-stories/wh…

Salve: Your lordships have the updated

CJI: We have seen it. There is nothing new in it except that 2 more witnesses have been examined. Lab reports have not come.

Salve: They have promised by 15.

CJI: Its not going the way we expected

CJI: What about the other issues?

Salve: What other issues milord?

CJI: Have you not used the cellphone towers to narrow down on accused?

Kohli J: What about the other accused ?

CJI: You have only ceased the mobile of the primary accused

Salve: Some of the accused have said they don’t have a cellphone.

Kolhi J: Are you saying they don’t have a cellphone?

Salve: We can put this on the report. May I tell which side the enquiry has gone?

Salve: There are eyewitnesses that have identified that

Surya Kant J: We are sorry to say that one particular accused is sought to be given benefit in light of the statements and FIR filed.

CJI: We have not said combined investigation. If somebody files an FIR investigate

Surya Kant J: Evidence from one FIR is being used in the investigation of another FIR. It appears like this suspect is being protected.

Salve reads from the status report.

Surya Kant J: We are not aware what has been deposed, we don’t want to know given the nature of this incident.

Salve: They also realise that there are a lot of people from the crowd who are trying to protect the accused. We are aware, all FIRs are being separately investigated

Salve: Investigating that lynching incident has been difficult because most of them are locals.

Surya Kant J: There are 3 sets of murders. One of the farmer, one of the journalist and one of the political worker.

Surya Kant J: There are 50 odd witnesses who have come to make statement in favour of the accused in the murder of political worker.

Salve: Milords, when people come and say they want to depose, we can’t say no

Salve: As far as the farmers are concerned there are 16 accused. 3 died in the incident. 13 have been arrested.

Kolhi J: You have just ceased the phone of 1 accused among the 13. Where is the CDR record to say other 12 were present as well

Salve reads from the status report.

Salve: The CDRs are all with us, I can put that on report

Surya Kant J: As far as the witnesses to the murder of farmers, it should be an independent exercise.

Salve: Milords, last time some intervenors informed the court that their case has not been investigated. They have filed an affidavit. When we started recording their statements we realised it pertains to another FIR

Surya Kant J: Mr.Salve, it appears to us that SIT is unable to maintain an investigative distance between the 3 FIRs. They will have to record relevant and material evidence. To ensure that evidence is recorded independently, we are inclined to appoint a former judge to monitor

Surya Kant J: We are not confident that a judicial will be appropriate. We are considering Justice Ranjit Singh or Rakesh Kumar to monitor the investigation.

Salve: The only problem was that there was a journalist who was killed, the suggestion appeared that he was with Mishra

Salve: Then it transpired that he was crushed during the incident.

Surya Kant J: This is why monitoring is required. The impression given was that the journalist was beaten to death

Salve: There are political overtones.

CJI: Hence it should be monitored

CJI: Take instructions, we will list it on Friday.

Arun Bharadwaj, Sr.Adv: The widow went to the IO who said that there are not directed to provide protection to witnesses in their case.

Shows photograph of the journalist

CJI: Please take off that photograph

Surya Kant J: Instead of disclosing the evidence you have. Please wait till Mr.Salve takes instruction, you can give it to the judge monitoring the investigation.

Bharadwaj: These are the police that constitutes the SIT. I don’t trust them. I am in their custody.

Bharadwaj: They are wearing bulletproof vest here in the photograph

Salve: He was taken into custody to be protected. He was released and thrashed to death by the farmers.

Bharadwaj: I want CBI.

Salve: Some of their witnesses gave exculpatory evidence.

Salve: It will become complicated if sent to CBI. Please adjourn to Friday, I will take instructions.

Dr.Sharma, Sr.Adv: I don’t want to make additional submissions.

Bench: After elaborate hearing, we have made certain suggestions to State of UP for the way the investigation

Bench: Investigation is to be conducted. Adjourned to Friday.

Bench refuses to hear all others.