The court's authority to ensure a fair and impartial investigation into alleged criminality, reconstitute the SIT, and appoint a retired High Court Judge to monitor the investigation to preserve the faith and trust of people in the Criminal Administration of the Justice System.

ORDER :

1. The Court is convened through hybrid mode.

2. The present PIL arises in the background of an incident which took place in Tikunia in the Lakhimpur Kheri District of Uttar Pradesh, during the farmers’ protests against the Indian Agricultural Acts of 2020. On October 3rd 2021, several protesters had been blocking the road to restrict passage for the UP Deputy Chief Minister who was on his way to Banbirpur village. While standing and/or walking on the road, these protesters were rammed from behind by a Mahindra Thar SUV and then run over by the same vehicle. Two other vehicles that were part of the same convoy also ran over those who had already been thrown to the ground and crushed by the first SUV. The incident resulted in 8 deaths and several suffered injuries. This Court was seized of the matter when two lawyers wrote to this Court seeking an independent and federal inquiry into the incident.

3. The matter is currently under investigation by the local police, a Special Investigation Team (SIT) has been formed, and some arrests have been made. Given the nascent stage of the investigation, we are consciously reluctant to make any observation on the merits of the case, as that would have an impact on the parties involved and influence the prosecuting agency and the courts which would ultimately look into the case.

4. During the course of hearing on 8.11.2021, 12.11.2021 and 15.11.2021, some of the parties questioned the fairness of the ongoing investigation. Hence we proposed to appoint a former Judge of the High Court to monitor the investigation and also to induct new Members in the SIT who may carry out the investigation, uninfluenced by any consideration. Shri Harish Salve, learned Senior Counsel appearing on behalf of the State of Uttar Pradesh sought time to have instructions and thereafter on 15.11.2021, he very fairly stated that the State Government has no objection to the recourse suggested by this Court.

5. This Court is equally concerned about guaranteeing an impartial, fair, just and thorough investigation into the incident which has resulted in such a tragic loss of lives of protesters as well as some other persons.

6. Earlier hereto, we have expressed our disapproval on the slow pace, manner and outcome of the investigation conducted so far, as well as the composition of the SIT charged with investigating the matter.

7. This Court in Babubhai Jamnadas Patel vs. State of Gujarat and Others, (2009) 9 SCC 610 has delineated the purpose of the judiciary in such circumstances, and noted that the Supreme Court and High Courts are the “sentinels of justice” that ensure that the rule of law and Constitutional guarantees of a fair and impartial investigation into alleged criminality, are upheld. On several prior occasions, including in Bharati Tamang vs. Union of India and Others, (2013) 15 SCC 578 and Zahira Habibulla H. Sheikh and Another vs. State of Gujarat and Others, (2004) 4 SCC 158 steps have been taken by Courts for monitoring the investigation of alleged criminal offences.

8. While investigating such offences, justice must not only be done, but also be seen and perceived to be done. We thus deem it appropriate to reconstitute the SIT hereinafter to preserve the faith and trust of people in the Criminal Administration of the Justice System. Further, to assure full and complete justice to the victims of crime, we are inclined to order that the ongoing investigation be monitored by a retired High Court Judge, who too may not have his roots in the State of Uttar Pradesh. We, therefore, appoint Justice (Retd.) Rakesh Kumar Jain, a former Judge of the Punjab and Haryana High Court, to monitor the ongoing investigation so as to ensure transparency, fairness and absolute impartiality in the outcome of the investigation in the Lakhimpur Kheri incident which is to be conducted in a time-bound manner.

9. We are informed that the present SIT predominantly comprises of middle level/subordinate level police officers posted i