The Constitutional Court chastised the Uttar Pradesh administration on Friday for failing to apprehend Ashish Mishra, the son of Union minister of state for home affairs Ajay Mishra 'Teni,' in the Lakhimpur Kheri incident, stating that the state police do not emerge to be quite concerned despite the vicious event that killed eight individuals five days back.
In a murder first information report (FIR) filed on Monday, Mishra was listed as a suspect. The court was particularly scathing in its criticism of the police's treatment of Mishra, albeit it did not mention him.
The bench questioned Harish Salve, who was defending the Uttar Pradesh administration in the suit, which the supreme court had filed on its as just a community cause lawsuit saying that it is a violation of Section 302 of the Criminal Code" (murder charge under the Indian Penal Code). Further, asking that they apply the same standards to everyone? Is it better to send out a notification and then wait for them to show up? Will every accused person in the country be treated the same way as in this case?"
Mishra evaded a summons to be present in court on Friday (as an eyewitness, not a suspect). He has not been seen since Thursday, despite appearing on several TV networks to profess his conviction.
The panel, led by Chief Justice of India (CJI) NV Ramana, stated that the supreme court is not pleased with the probe thus far.
It went on to say that the state's special investigation team (SIT) did not engender credibility and that the inquiry should be handed over to an alternate organization with independent prosecutors.
"Can you tell me what information you're trying to send?" When a complaint is filed under Section 302, the police are usually dispatched to arrest the defendant. And besides, this is a situation in which eight people were brutally murdered. Salve was informed by the bench, which included justices, Surya Kant and Hima Kohli, that "the system must have followed its path as well as every suspect should have been detained."
Even though his identity was in the killing FIR filed on Monday, the UP Police released a notification as an eyewitness to Ashish Mishra.
This Thursday, the Uttar Cops detained two persons who are suspected to be Mishra's accomplices. The detention took place just hours following Bench Of the supreme court described the Lakhimpur Kheri tragedy as "extremely regrettable" during a session on Thursday. Mishra, on the other hand, was dispatched with a notification to appear before the prosecutors on Friday under section 160 of the Criminal Procedure Code as a witness to the October 3 incident.
The cops have posted a notification to Mishra, according to Salve, and he has requested time until 11 a.m. on Saturday.
"His disappearance can cause the application of harshness of the legislation." According to what Salve has been informed, the post-mortem revealed no gunshot wounds, which is why a notification had been sent. "However, there is significant proof that this is a homicide investigation, the situation is quite severe," Salve continued.