'Not satisfied': SC asks why accused not arrested yet

New Delhi: The Supreme Court on Friday said it was "not satisfied" with the steps taken by the Uttar Pradesh government in the brutal killing of eight people in the Lakhimpur Kheri violence. A bench headed by Chief Justice N V Ramana sharply questioned why Union Minister of State for Home Ajay Mishra's son Ashish Mishra, an accused in the case, has not been arrested yet. The bench pulled up the state police asking whether sending summons and telling "please come" was the way the accused are treated in other murder cases.

As the court mulled transferring the probe into the violence on October 3 in which four farmers were among the killed to another agency, it also said any investigations by the CBI "may not be the solution" because of the persons who have been named in the FIR lodged by the UP police, in a veiled reference to the fact that Ashish Mishra is the son of a union minister.

The top court questioned the soft approach of the police towards the accused (Ashish Mishra) named in the FIR after Harish Salve, appearing for the UP government, said a notice seeking his presence has been sent and that he has sought some time. The UP police issued a fresh notice to Ashish Mishra asking him to appear before it by 11 am on Saturday after he skipped the summons for Friday.

He was to come today (Friday) and he has asked for time. We have asked him to show up at 11 am tomorrow (Saturday). If he does not appear tomorrow the rigour of the law will be brought into play against him, Salve said.

Salve at the same time conceded that not enough has been done by the authorities.

Mr Salve, these are very serious charges. We are not on merits of whatever it is...

If you see the FIR which is filed by the counsel (of UP), this is an offence under Section 302 (murder) of the IPC apart from other sections.

"Is it the same way we treat other accused in other cases also? We send notice and say please come, please stay.., the bench quipped.

Salve said he asked the same thing to them and they said the post mortem report did not show any bullet wound that is why, they gave him a notice for appearance under the CrPC and if the bullet wound have been there, then the course would have been different.

The CJI said: This is the opinion of the bench. We expect that there is a responsible government and responsible police officers and the system and when there is a serious allegation of death (IPC section 302), gunshot injuries, then the question is can the other accused in the country be treated the same way. Please come. Please tell us...

Salve urged the bench to take up the case again on October 18 and assured that by that time, the actions would be taken and as per his instructions, the needful will be done latest by tomorrow morning.

It appears that is only in words and not in action, the bench said, adding, Mr Salve there is a saying that the proof of the pudding is in the eating. What is the message we are sending, the bench asked, adding that an accused is apprehended immediately after registration of a murder case.

Responding to the court's "the proof of the pudding is in the eating remark, Salve said the UP government will have to make another pudding and make it palatable, adding that whatever is done so far is not satisfactory.

The bench, also comprising Justices Surya Kant and Hima Kohli, hoped that the state government will take necessary steps because of the sensitivity of the issue. The top court then posted the matter for furteher hearing on October 20.

Meanwhile, expressing displeasure over a tweet posted by a media organisation which falsely claimed that CJI N V Ramana had met the kin of victims of Lakhmipur Kheri violence, the Supreme Court said it respects the media and their independence but this is not at all fair.

We are sorry to observe that somebody is exceeding the limit of freedom of speech. They should verify the facts. These are all false representations which is being done, said the bench.

Earlier, facing reporters at Lucknow airport, the junior home minister said his son could not appear before police as he was not well but will record his statement on Saturday.

His remarks came after a police team headed by Deputy Inspector General (Headquarters) Upendra Agarwal waited hours at the Lakhimpur police lines for Ashish Mishra, who had been asked to appear there at 10 am.

Around 2 pm, the media waiting outside learnt that a second notice with the Saturday deadline had now been pasted at the family's home in the town.