Not going the way expected: SC mulls appointing rtd HC judge to monitor probe in Lakhimpur Kheri violence

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New Delhi, Nov 8 | The Supreme Court on Monday expressed its dissatisfaction with the SIT probe in the Lakhimpur Kheri violence incident with regards to the seizure of mobile phone of only one accused and the process of collection of evidence in the two FIRs. It told the Uttar Pradesh government that it is inclined to appoint a retired high court judge to monitor day-to-day investigation till charge sheet is filed.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli told a counsel, “We are trying to introduce impartiality and fairness in the matter…”

At the outset, the Chief Justice told senior advocate Harish Salve, representing the Uttar Pradesh government, “There is nothing in the status report. We granted 10 days time…lab reports have not come so far. It (the probe in the incident) is not going the way we expected.”

The top court queried Salve why mobile phones of all accused in Lakhimpur Kheri incident have not been seized, except that of prime accused Ashish Misra?

Justice Kohli specifically asked whether it is the stand of the government that the other accused did not use cell phones.

Salve submitted there were a total 16 accused in the case, out of which three died and 13 have been arrested.

Kohli asked, “The mobile phones of one accused out of 13 accused has been seized?”

The top court told the Uttar Pradesh government that both incidents — mowing down of protesting farmers by a vehicle and the lynching of the accused — have to be investigated with impartiality and fairness.

The top court said prima facie view it appears that one particular accused is being benefited by recording statements of witnesses in a particular manner.

Justice Kant said: “What appears to us is that SIT is unable to keep the investigative distance between the FIRs (one where farmers were mowed down by the car and the other accused were killed)…important to ensure evidence in 219 and 220 (FIRs) recorded independently”.

The bench, stating it is not confident regarding the process adopted by Uttar Pradesh SIT to record the evidence, said: “We are inclined to appoint a judge from a different high court to monitor day-to-day investigation…till the charge sheet is filed.”

The bench suggested the names of two former Punjab and Haryana High Court judges to oversee the manner in which witnesses’ statements are being recorded to avoid mixing up of the cases.

The bench sought response from the Uttar Pradesh government on the appointment of an independent judge to monitor the investigation till charge sheet is filed and posted the matter for further hearing on Friday.

Source: IANS

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Share Market Closing Bell: Nifty ends above 15,800, Sensex gains 180 pts

Share Market Closing Bell: Nifty ends above 15,800, Sensex gains 180 pts

The benchmark Indices Nifty started on the positive side after continuous sell off in last week and has managed to settle at 15842.30 with 60 point gain or 0.38 percent. However Nifty has failed to regain 16000 levels prior to LIC listing.

While Bank nifty has managed to settle at 33597.60 levels after gaining 1.44 percent. On the sectoral front, Nifty PSU Bank, Nifty Realty and Auto have contributed 2-3 percent gain on closing basis. On the flip side Nifty IT and FMCG ended with losses of 0.75 percent and 0.35 respectively. In Nifty, EICHERMOT, APOLLOHOSP and UPL were the top gainers while ULTRACEMCO, SHREECEM and ASIANPAINT were the prime laggards.

Technically, after forming the bearish candle on the weekly chart, the index has formed a Doji candlestick on the daily chart which shows indecisiveness among the trades. Moreover, the index has also faced a resistance from falling trend lines and showed profit booking from higher levels. However, Fibonacci retrenchment also has support around 15650 levels.

Traders may find buying opportunities for short term as if 15650 levels is protected. In the hourly chart, with support of the middle Bollinger band short term upside movement is expected. Stock specific action would drive the market in coming days too.

On the derivatives front, the highest call OI is at 16000 strike price followed by 16200 strike prices while on the put side, highest OI is at 15500 strike price. INDIA VIX closed at 24.53 with gain of 4.43 percent intraday indicating volatility is going to remain till weekly expiry . On the other hand, Bank nifty has support at 32600 levels while resistance is placed at 34500 levels.

Sumeet Bagadia
Executive Director
Choice Broking

Source: Choice India

 

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