To ensure absolute impartiality, SC appoints retired HC judge to monitor probe in Lakhimpur Kheri case
Darpan News Desk IANS, 17 Nov, 2021 09:26 AM
New Delhi, Nov 17 (IANS) The Supreme Court on Wednesday appointed Justice Rakesh Kumar Jain, a former judge of Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe and to ensure fairness and independence in the investigation.
A bench headed by Chief Justice N.V. Ramana said: "We appoint Rakesh Kumar Jain (retired judge of Punjab and Haryana High Court)...to ensure absolute impartiality in the investigation of the case."
The top court also ordered the Uttar Pradesh government to include three senior IPS officers, which includes a female officer Padmaja Chauhan, present IG of Uttar Pradesh, on the SIT, which it said would continue with the investigation, under supervision of Justice Jain. The top court said it will list the matter after the charge sheet is filed in the case, and a detailed order will be uploaded on it.
On November 15, the Supreme Court had said it will also consider the names of some retired apex court judge or high court judge to monitor day-to-day investigation in the Lakhimpur Kheri violence incident.
The top court also directed the Uttar Pradesh government to upgrade its task force investigating the matter with some high-ranking officials.
Senior advocate Harish Salve, representing the Uttar Pradesh government, submitted that the top court can appoint a retired judge to monitor the SIT probe. The top court said, "Now, we have a lot of freedom for a retired SC or HC judge. Let us see..." The bench had noted that it will find out a judge who is willing to take up the assignment.
During the hearing, the top court emphasized that the UP government should upgrade the task force investigating the matter. It said the officers must be high-ranking officers, currently there are local Lakhimpur Kheri, sub-inspector level and DSP level officers on the task force.
The bench told Salve that it needs one more day's time to finalize the name of the judge. "We are considering Rakesh Kumar Jain (former Punjab and Haryana HC judge) or others. We have to consult them", said the bench.
Salve submitted, "Judge can be appointed from any other state". Earlier, the top court had said it wanted to appoint a judge outside of Uttar Pradesh.
Concluding the hearing, the top court asked the UP government to look into grievances of victim's families, who have not been paid compensation. Additional advocate general Garima Prasad submitted that the state would take necessary steps.
The violence occurred on October 3, resulting in the killing of eight persons, including four farmers who were allegedly mowed down by the vehicles in the convoy of Ashish Misra, the son of Union Minister and BJP MP Ajay Kumar Misra.
Canadian MP Tim S. Uppal said he was shocked to learn about the brazen attack on protesting farmers. Another Canadian MP Ruby Sahota said she was heartbroken to learn about the violence directed at protesting farmers.
The demand made by citizens primarily mirrored their right to clean air and the right to breathe, underlining the reality that Punjab is home to some of India's most polluted towns, including Mandi Gobindgarh, Amritsar, Jalandhar, Ludhiana, Khanna, and Patiala.
The case was assigned to the division bench of Justices A.G. Masih and Ashok Kumar Verma. Earlier, the case was being heard by the bench of Justices Rajan Gupta and Ajay Tewari but the latter recused himself from hearing the case on September 1.
Furnishing details about the incident, Additional DCP-2 Nishant Gupta told IANS that they had received information about a firing incident in the northeast Delhi area on October 1.
The activists of Punjab Congress will walk towards Lakhimpur Kheri in Uttar Pradesh if Priyanka Gandhi is not released and the Union Minister's son accused of murder not arrested, said state party President Navjot Sidhu on Tuesday.
Referring to police action against protesting farmers in Congress-ruled Rajasthan, the BJP leader said, "Congress leaders who are very keen to visit Lakhimpur Kheri have not uttered a single word against police lathicharge on farmers in Hanumangarh, Rajasthan."
