SupremeCourt to hear the PIL seeking probe into the Lakhimpur Kheri violence case (in Uttar Pradesh) in which eight people were killed, including four farmers.
SupremeCourt had earlier directed the UP government to provide protection to the witnesses of the incident
It had also questioned the state government as to why there are very few witnesses in the case when hundreds of farmers were present at the rally
Sr Adv Harish Salve: Does the bench have the updated statement?
CJI: There is nothing in it apart from saying that more witness has been examined. 10 days time was granted, lab reports have not come
Salve: they say its 15th, its beyond our control
Salve: They say lab reports will come by Nov 15
CJI: What about other issues?
Salve: what other issues ?
Justice Hima Kohli: only Ashish Mishra's phone has been seized what about others?
Salve: There are 8 mobile phones which has been taken away from accused
CJI: Others are witnesses !
Justice Kohli: what about other accused??
CJI: They did not use mobile phones?
Salve: if you see paragraph 7.... some of the accused says that they don't have cellphones but CDRs have been obtained
Justice Kohli: is it your statement that none of the other accused had cellphones on them?
Salve: we have not got any other on them... with CCTV proof there is clinching proof... once lab reports come.. under section 65 of evidence act, it is established
Justice Kant: prima facie it appears that one particular accused is seeking to be given benefit by overlapping two FIRs, you can appreciate very well the fate of the case.
Justice Kant: now it is being said that there are two FIRs and the evidence collected in one FIR will be used in another. Evidence in FIR 220 is being collected in a way to protect one accused !!
Justice Kant: you have to referred to statements of 68 witnesses... we are not aware of what they have deposed under 164, it is not necessary for us to know this..
Salve: some of them were giving evidence about crime..but somebody gave statements about the other FIR
Salve: the police realises that there are other people in crowd who are trying to protect one accused
CJI: But it has to be separately investigated...
Salve: it is being done so.. it is not that FIR 219 is not being probed and only FIR 220 is being probed. the FIR 220 is about the public lynching so collecting evidence is a little difficult in that
Justice Kant: one set of murder is of the farmers, one set is of journalists and one is of political workers .... in the set of political workers the accused themselves have died.
Justice Kant: So now witness comes in the third set and gives accused favouring statement in first case of farmers death..
Salve: when they come to give statements we have to record, we cannot say we won't record statements. as far as farmers are concerned 13 have been arrested
Justice Hima Kohli: where have you said that out of 13 only one mobile from one accused have been seized and all other mobiles were thrown off or not seized? where have you said CDR has been recorded
Salve reads the list of seizures: CDRs are all with us
Justice Kant: what we expect from SIT is those coming to depose in the case of farmers death, this will be an independent exercise and the evidence you are collecting in the other case cannot be used in this.