UP govt seems to be dragging its feet on recording statements of Lakhimpur witnesses: SC

New Delhi: The Supreme Court on Wednesday expressed its unhappiness over the Uttar Pradesh government "dragging its feet" on recording the statements of some of the witnesses in the Lakhimpur Kheri case. The court's observations came after the state informed the court that it had arrested 10 persons in connection with the incident of eight people being killed during a protest against the three farm laws and the retaliatory violence soon after, and recorded the statements of four witnesses.

Statements of witnesses are recorded by a magistrate under Section 164 of the Code of Criminal Procedure. This is done soon after any incident to ensure that the evidence doesn't vanish or is erased. The top court had at the last hearing expressed its unhappiness with the state police for failing to arrest the key accused in the case so far and had directed the state director general of police to ensure that the evidence and witnesses were protected.

On Wednesday, the state told the court through senior advocate Harish Salve that it had so far arrested 10 persons in connection with the incident, in which a BJP convoy lead by Ashish Mishra, son of Union minister of state for home affairs, Ajay Kumar Teni, allegedly mowed down four farmers protesting the controversial farm laws. Ashish Mishra was arrested after he came to a police station in response to summons and is now in judicial custody. Salve said the 10 people had been arrested both in connection with the "mowing" down and the retaliatory violence.


The bench, led by chief justice of India NV Ramana, sought more clarity on whether the state police had sought their custody for a longer period. Salve said they were in police custody for three days and then had been remanded to judicial custody.

The bench, which also comprised justices Surya Kant and Hima Kohli, then turned its attention to whether the state police had made attempts to record the statements of all witnesses in the case.

Salve said the statements of four out of 44 witnesses had been recorded so far. Justice Kohli said: "You seem to be dragging your feet. Please dispel that impression." Justice Surya Kant asked the state to protect the witnesses in the case.