Lakhimpur violence: SC seeks status report from UP govt; Mishra's son served notice

New Delhi: The Supreme Court on Thursday sought a status report from the UP government by Friday about the people named by the police in the FIR in the killing of eight people in the Lakhimpur Kheri violence and whether they have been arrested even as the police said Ashish Mishra, an accused and son of Union minister Ajay Mishra, was summoned for questioning.

As the top court described as unfortunate the incidents on October 3 in which different persons including four farmers were "murdered", the BJP government in Uttar Pradesh, which is facing heat over the violence ahead of the Assembly elections, announced it has constituted a one-member judicial commission.

Retired Allahabad High Court judge Pradeep Kumar Srivastava has been asked to complete the probe into the violence that erupted on Tikonia-Banbirpur road in Lakhimpur Kheri district within two months from the date of the notification which was issued on Wednesday. The announcement of the commission came hours before the apex court was to take up the Lakhimpur Kheri matter.

Inspector General of Police Laxmi Singh said two people are being quizzed in connection with the violence and that Ashish Mishra has been summoned for questioning. The official refused to give out the names of those being questioned. Asked by reporters in Lakhimpur Kheri if they have been arrested or taken into custody, she merely replied, "For questioning."

"If Ashish Mishra does not abide by the summons, legal procedure will be adopted," she said, adding there was no time limit in the summons sent to him.

An FIR under section 302 IPC (murder) has been registered against Ashish Mishra and others in Tikonia police station.

Four farmers were mowed down by an SUV in Lakhimpur Kheri when a group agitating against the Centre's three new farm laws was holding a demonstration against the visit of UP Deputy Chief Minister Keshav Prasad Maurya. Two BJP workers and a driver were beaten to death allegedly by the angry protesters, while a local journalist was also killed in the violence.

Farmer leaders have claimed that Ashish was in one of the cars that allegedly knocked down the protesters but his father Ajay Mishra has denied the allegations.

At the Supreme Court, a bench headed by Chief Justice N V Ramana also sought from the UP government details of the Special Investigation Team (SIT) and the judicial commission.

The Lakhimpur Kheri violence, which has triggered a major political storm with the opposition parties accusing the UP government of shielding the culprits, was heard as a suo motu (on its own) case.

You yourself have pointed out, it has also been reported and it is in the letter petition, which we have received, that eight persons, some of them are farmers and one is journalist and there are other persons also who have been killed. These all are unfortunate incidents in which different persons have been murdered," the bench said.

We need to know who are the accused persons against whom you have registered the FIR and whether they have been arrested or not. Please explain this in your status report, it said and fixed the case for hearing on Friday.

The bench, also comprising justices Surya Kant and Hima Kohli, began the hearing by saying, Grievance is that you are not looking into it (incident) properly and the FIR is not registered properly,

Lawyer Garima Prasad, appearing for the state government, also termed the incident as unfortunate, and said an SIT and a judicial commission have been set up by the government.

You also tell us about the status of the PIL before the Allahabad High Court in the case...tomorrow we are listing. Get all the instructions, the bench observed orally.

During the brief hearing, the CJI also referred to a message to the court.

We have received one message when the hearing is going on from one Amritpal Singh Khalsa that the mother of the deceased Lovepreet Singh is in critical condition due to shock of loss of her son. She needs immediate medical assistance. This says that the court may direct the state of UP to grant medical facilities to her.

You (state lawyer) please, immediately tell your state government so that it can take care of the mother of the deceased...extend all medical facilities. You can get her admitted in a nearest government medical college, the bench said.

Earlier in the day, the top court said it would like to hear the two lawyers who had written a letter seeking a high-level judicial inquiry, also involving the CBI, into the Lakhimpur Kheri violence.

The bench said the letter was to be registered as a PIL and due to some miscommunication it was listed as a suo motu (on its own) case.

"Does not matter, we will hear it nonetheless, said the bench, also comprising justices Surya Kant and Hima Kohli.

The bench asked the court officials to intimate the two lawyers - Shiv Kumar Tripathi and C S Panda to appear and passed over the case.

While BSP supremo Mayawati said there is hope for justice as the Supreme Court has intervened in the matter and sought a status report from the UP government, Samajwadi Party chief Akhilesh Yadav said Ashish Mishra has not yet been arrested even though evidence pointed to his role in the Lakhimpur incident.

"The son of a minister will not be arrested as there is a BJP government both in UP and at the Centre," Yadav told reporters in Lucknow.

Senior RSS functionary Indresh Kumar condemned the violence but lashed out at the opposition parties accusing them of creating an "atmosphere of hatred and violence" in the country.

BJP MP Varun Gandhi, who has taken a sympathetic stand towards the farmers protesting against the three agri laws, posted a video purportedly of the Lakhimpur Kheri incident and said the protesters cannot be silenced through murder, and asked for accountability.

"The video is crystal clear. Protestors cannot be silenced through murder. There has to be accountability for the innocent blood of farmers that has been spilled and justice must be delivered before a message of arrogance and cruelty enters the minds of every farmer," the Pilibhit MP said in a tweet.

Gandhi, who was dropped from the BJP's 80-member national executive on Thursday, posted the 37-second video in which a speeding Mahindra Thar jeep is seen running over people. Two SUVs -- one black and another white -- was seen following the jeep while people could be heard in the video shouting and crying.