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Live Updates Lakhimpur Kheri Case Hearing in the Supreme Court [LIVE UPDATES]

Lakhimpur Kheri Case Hearing Supreme Court LIVE UPDATES

Oct 20, 2021

Sr Adv Harish Salve for State of UP: I’ve filed a status report.

CJI: last minute if its filed how will we read?

Salve: It had to be given in sealed cover.

CJI: no no just now we received

Salve: Lordships may have it on Friday.

CJI: No no Mr Salve

CJI: Yesterday night till 1’o clock we waited but there was nothing!

Bench led by CJI is perusing the status report submitted by State of Uttar Pradesh.

CJI: Mr Salve, you said you have examined 34 witnesses. Statements of 4 have been recorded. Why have not other witnesses statements recorded?

Salve: Its ongoing

Salve: As of today, there are 10 accused. There are 2 crimes, first is where they drove into the farmers. The Farmers were lynched and killed, that’s difficult to investigate as there were mang farmers.

CJI: we are talking about the first FIR (regarding the farmers’ death).

CJI: How many are in judicial and police custody, amongst accused other than 10 who have been arrested.

Salve: 4 in Police custody

Sr Adv Garima Prashad, AAG for UP: 4 are in Police custody

Bench: What about the others? Were they taken un PC or directly sent to judicial custody?

AAG: they were taken in police custody

Salve: There are more videos which will help the investigation.

CJI: this should not be an unending story.

Bench asks why statements under 164 weren’t recorded

AAG: Crime scene was being reconstructed

Bench: Recording of statements under 164 is different! Its before a judicial magistrate. Its evidentiary value is far better

Justice Hima Kohli: we feel you are dragging your feet. Please dispel that.

Salve: Please have it next week and see where we are at.

CJI: Record statements under 164!

CJI: Status report filed has been perused. Senior counsels submits that statements will be recorded under 164, and has sought time to take more instructions.

Matter to be taken up next on 26th October.

Petitioner Adv Shiva Kumar Tripathi submits they haven’t received copy of status report

Bench: We’ll see on next date.

CJI to State of UP: whatever you file please file some time before.

Oct 20, 2021

A bench headed by CJI N V Ramana was informed that the police has also registered FIR for the lynching of three by protesting farmers. So far four of recorded have  recorded their statement before Magistrate under Section 164 of CRPC.

SC says the investigations cannot be an unending story and the state must dispel the view that the police is dragging its feet about investigation. SC asks UP to file further status report on October 27.

SC revises the next date of hearing to October 26.

Oct 20, 2021

Supreme Court asks UP Govt to ensure recording of statements of victims before a magistrate and also security to witnesses.

SC gives UP government time for the purpose; posts the matter for hearing on Oct 26.

Oct 20, 2021

UP seeks time to bring more details on record, Supreme Court to next hear the case on October 26

SC adjourns hearing in Lakhimpur Kheri matter to October 27. Asks SIT probing to record statements of other witnesses also under s 164 CRPC. Asks state to dispel impression that investigators dragging feet.

Oct 20, 2021

Supreme Court bench headed by CJI says UP Government has to stop “dragging its feet” in the Lakhimpur investigation.

CJI says the judges were waiting till 1 am last night for UP Govt’s status report on the Lakhimpur incident but ‘received nothing’. Salve for UP Govt tells Court that the status report has just been filed in a sealed cover. “We said nothing about sealed covers” says the bench.

Oct 20, 2021

UP submits sealed cover affidavit in SC on Lakhimpur Kheri incident and says it has arrested 10 accused in connection with the crime of a vehicle plowing through farmers, police has arrested 10 persons of whom only 4 are in police custody. A union minister's son is also arrested.

Sr adv Harish Salve submits Uttar Pradesh Govt has filed a status report in a sealed cover envelope.

CJI: We received it just now. How are we supposed to read? You should file at least a day before. And we never said sealed cover.

Salve says the matter can be taken up on Friday but the CJI replies it can't be taken up on that day.

Judges are now going through the report submitted by the state.

Sr adv and Additional Advocate General Garima Prashad is also there for the Uttar Pradesh Govt.

CJI to Salve: You have said you've recorded statements of 44 witnesses. Why haven't you recorded their statement under 164?

Salve: That is also going on. The concern was state was going slow on some accused. Now all of them have been arrested. As of today,10 accused are inside

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