Judicial oversight is essential to ensure fair investigation practices in cases of public interest and criminal justice.

1. The Court is convened through hybrid mode. 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 3-10-2021, several protesters had been blocking the road to restrict passage for the U. P. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. This Court in Babubhai Jamnadas Patel v. State of Gujarat ( Babubhai Jamnadas Patel v. State of Gujarat , 2009 (9) SCC 610: 2010 (1) SCC (Cri) 79 ) has delineated the purpose of the judiciary in such circumstances, and noted that the Supreme Court and the 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 v. Union of India ( Bharati Tamang v. Union of India , 2013 (15) SCC 578 : 2014 (6) SCC (Cri) 566) and Zahira Habibulla H. Sheikh v. State of Gujarat ( Zahira Habibulla H. Sheikh v. State of Gujarat , 2004 (4) SCC 158 : 2004 SCC (Cri) 999) steps have been taken by courts for monitoring the investigation of alleged criminal offences.

7. 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