Supreme Court on Wednesday pulled up the Uttar Pradeshgovernment for delay in recording statements of witnesses before a judicialmagistrate in the Lakhimpur Kheri violence case, where eight persons werekilled, and also told the state government to dispel the impression that it isdragging its feet in the matter.
A bench headed by Chief Justice N.V. Ramana and comprisingJustices Surya Kant and Hima Kohli told the Uttar Pradesh government counsel,"You are dragging your feet. Please dispel that impression".
Senior advocate Harish Salve, representing the UttarPradesh government, submitted that a report on the incident has been filed in asealed cover.
The bench replied, "No, that was not required and wehave just received it now...we waited till 1 a.m. last night for any filing.But we received nothing".
Justice Kant added that the court never said anythingabout the sealed cover. Salve informed the bench that four out of 44 witnessesin the matter have recorded their statements under section 164 (before ajudicial magistrate), and 10 accused have been arrested so far.
Salve said there are two crimes: one where the car wasdriven into farmers and the other one was in connection with the lynching.
The bench shot back at the Uttar Pradesh governmentcounsel, "Why haven't other witnesses recorded their statements?"
Salve replied that it is going on and added that out ofthe ten accused, four were in police custody.
The bench queried what happened to the other six accused.It added, "You did not seek custody so they were sent to judicial custody.What is the situation in this case?"
Salve submitted that the statements of other witnesseswere being recorded, but the courts were shut.
The bench queried further, "Criminal courts closedfor Dussehra vacation?"
The chief justice observed, "This should not be anunending story, this is all we want".
Salve sought time in the matter. After hearing arguments,the bench posted the matter for further hearing on October 26.
The top court had registered a petition on the basis of aletter by two lawyers seeking a probe by the CBI in the Lakhimpur Kheriviolence.