Why only Ashish Mishra's phone seized so far: SC seeks UP govt's response in Lakhimpur Kheri case

Police have so far only seized the phone of prime accused Ashish Mishra.

"Prima facie it appears that one particular accused is seeking to be given benefit by overlapping two FIRs, you can appreciate very well the fate of the case," the court said.

"Did other accused not use cell phones," the top court's three-judge bench, headed by the Chief Justice NV Ramana and also comprising Justices Surya Kant and Hima Kohli, asked the Yogi Adityanath government and fixed the matter for further hearing to Friday.

Senior advocate and former Solicitor General (SG) Harish Salve appearing for the state government, said it has filed a status report in the case.

"Does the bench have the updated statement," Salve told the bench.

To which CJI Ramana said there was nothing in it apart from saying that more witnesses have been examined. The bench said 10 days time was granted, and yet lab reports have not come.

Salve told the court lab reports will come by November 15.

Justice Hima Kohli said, "Only Ashish Mishra's phone has been seized. What about others?"

Salve replied that there are eight mobile phones which have been collected from the accused.

Salve also told the court some of the accused have said they don't have cellphones but Call Detail Records (CDRs) have been obtained.

Salve read out the list of seizures, and said that the CDRs are all with us and these are all "clinching evidence against the accused persons for the probe agency".

The Supreme Court observed what they expected from the SIT (Special Investigation Team). "Those coming to depose in the case of farmers death, this will be an independent exercise and the evidence you are collecting in the other case cannot be used in this.

"It is attempting to infuse some fairness, independence and faith in the investigations into the Lakhimpur Kheri incident."

The court was hearing the petitions seeking a Central Bureau of Investigation (CBI) probe into the Lakhimpur Kheri violence wherein 8 people had lost their lives, including farmers, who were allegedly mowed down by a four-wheeler belonging to Ashish Mishra, son of Union Minister Ajay Mishra Teni, in Uttar Pradesh’s Lakhimpur Kheri district on October 3.

The top court on the last date of hearing on October 26, rapped the Yogi Adityanath government and police over a sketchy investigation calling it to behave in a much more "responsible manner" in future, while ordering the protection of witnesses. The court also ordered expeditiously recording of statements under Section 164 of CrPC.

The court has said that the Uttar Pradesh police "is dragging its feet in the probe and shall dispel the same in action".

The petition was registered on the basis of letters written by two lawyers seeking investigation by the Central Bureau of Investigation into the brutal incident.