SC disbands SIT in Lakhimpur Kheri violence

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In a significant development, the Supreme Court has dissolved the Special Investigative Team (SIT) that was constituted to probe the Lakhimpur Kheri incident. The decision came after the court noted that the investigation is complete, chargesheets have been filed, and trials in the case have commenced.

The two-judge bench, comprising Justices Suryakant and Dipankar Dutta, was hearing a public interest litigation (PIL) that was registered on the court’s own motion. This PIL was initiated after two Uttar Pradesh-based lawyers wrote a letter to the Chief Justice of India seeking an independent inquiry by the Central Bureau of Investigation (CBI) concerning the incident.

During the hearing, Additional Advocate General (AAG) Garima Prasad, representing the Uttar Pradesh government, informed the bench that a chargesheet has been filed and the trial is underway. The bench, referring to a July 12 letter received by the Supreme Court’s secretary general from the SIT, stated,

“It appears the SIT has become functus officio (an agency whose mandate has expired). Members of the SIT and Justice Rakesh Kumar Jain can be relieved of their responsibilities.”

The court also highlighted that the trial judge has been sending periodic status reports. However, it left open the possibility of reconstituting the SIT in the future if deemed necessary.

The Lakhimpur Kheri violence, which took place in October 2021, resulted in the death of eight individuals, including four farmers. Following the incident, Ashish Mishra, son of Union Minister Ajay Mishra, was booked under multiple sections of the Indian Penal Code (IPC), including 302 (related to murder). The Supreme Court later appointed former Punjab and Haryana High Court Judge, Justice Rakesh Kumar Jain, as the monitoring judge of the probe. The SIT was composed of directly recruited IPS officers, including SB Shiradkar, Padmaja Chauhan, and Dr. Preetinder Singh.

The violence in Lakhimpur Kheri was a result of clashes that broke out ahead of a visit by UP Deputy Chief Minister Keshav Prasad Maurya. Four farmers, protesting against Maurya’s visit, and a journalist were allegedly run over by an SUV believed to be part of Ashish Mishra’s convoy. Ashish Mishra, also known as Monu, was later arrested on charges of murder and criminal conspiracy.

In the aftermath of the incident, the Supreme Court took suo motu cognizance of the Lakhimpur Kheri violence. The apex court expressed dissatisfaction with the initial police investigation, raising concerns about the delay in arresting the accused despite eyewitness statements. Following the Supreme Court’s criticism, Ashish Mishra was arrested by the UP Police and was later denied bail by a local magistrate. In February of the subsequent year, Mishra was granted bail by the Allahabad High Court, but this decision was overturned by the Supreme Court in April, following an appeal by the relatives of the deceased farmers.

Currently, a special leave petition against the high court order is being heard by the Supreme Court. A bench headed by Justice Surya Kant granted Mishra interim bail earlier this year, which was later extended in July.

This comprehensive update on the Lakhimpur Kheri case provides insights into the legal proceedings and the Supreme Court’s involvement in ensuring justice.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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