Lakhimpur Kheri violence | SabrangIndia

Another Lakhimpur Kheri witness attacked!

Tue, 12 Apr 2022 08:42:35 +0000

Despite a Supreme Court notice to protect Lakhimpur Kheri violence witnesses, Rampur’s Hardeep Singh survived an alleged attack on April 11, 2022 night. He is the second key witness to undergo such an ordeal after the Uttar Pradesh elections and bail of main accused Ashish Mishra.

Singh was among those peacefully protesting farmers who were present when Ashish Mishra’s vehicle allegedly mowed down protesters in Tikonia village on October 3, 2021 in Lakhimpur Kheri. As many as eight people died during the incident that was dubbed a “pre-planned” attack by the Special Investigation Team (SIT). The prime-accused is Union Minister Ajay Mishra’s son, and was arrested after many protests. However, he received bail amidst UP elections.

Since then, witnesses have told SabrangIndia that they are apprehensive of attacks by the ruling regime or sympathisers of Mishra. Singh recounted on Monday how Bharatiya Janata Party’s (BJP) District Secretary Mehar Singh Dayol, BJP member Saranbjeet Singh and three others allegedly hit his head with the butt of his licensed gun.

Singh was returning from Bilaspur with his friend when the accused stopped them and threatened Singh and his family members. Verbally abusing him, Dayol allegedly told Singh to withdraw his name from the witness list. According to the victim, the BJP official had previously made similar threats as well.

“He said to me “This time I’m only hitting you with the butt of the gun. If you give your statement in Lakhimpur Court then I’ll shoot you.” After that, people gathered and they ran away,” said Hardeep in his complaint letter.

Despite expressing an answer towards the accused, Singh said that the police cooperated with him and his family. The CO, SHO and a Rampur team even visited the area, Singh told SabrangIndia. However, he is yet to receive the FIR statement that acknowledges tha complaint under attempt to murder. “There should be an investigation against them. My friend who lives nearby is also a witness. If nothing is done, even he is in danger,” Singh told SabrangIndia.

The first witness to be attacked was Diljot Singh who was assaulted on the intervening night of March 10 and March 11. Unlike Hardeep, Diljot had a security guard with him when he delivered sugarcane. Still, 10 goons allegedly stopped his tractor, distracted the guard and beat the farmer with belts before tearing his clothes.

Moreover, SKM’s legal cell informed that the police registered an FIR only after pressure from the people. This despite the accused being known people yet again. At the time, the SKM feared that such cases would increase.

After Diljot’s ordeal, the Supreme Court ordered the state government to provide security to Lakhimpur Kheri violence witnesses. Far from receiving any intimation on this, Hardeep now nurses the bruises on his head and eyes.

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Lakhimpur Kheri killings were planned: SIT

Tue, 14 Dec 2021 09:10:10 +0000

The Special Investigation Team (SIT) looking into the five deaths in Lakhimpur Kheri on October 3, 2021, submitted in its recent report that the killings were a “planned” event and not an accident.

Following the “upgrade” of the SIT with non-UP officers, along with the supervision of a retired judge, officials asked that the 13 accused in the gruesome case be booked for four additional criminal charges. These include attempt to murder, causing voluntary hurt using dangerous weapons, criminal acts by many for a common intention and relevant section of the Arms Act. The SIT said that these charges must replace the previous IPC sections regarding rash driving, causing death by negligence and causing grievous hurt by endangering life or personal safety.

The SIT referred to previous evidence and said in its application, “It is established that the accused’s criminal action was not an act or ignorance but a pre-planned conspiracy with the intention to kill that resulted in five deaths and serious injuries to many people.”

The decision to add these more stringent charges was appreciated by farmers who feared that the main accused Ashish Mishra might literally get away with murder, given how much clout his father Ajay Mishra enjoys as Union Minister of State for Home Affairs. It was Ajay Mishra’s words that had sparked the protest where the farmers were run over in the first place. Ashish too managed to dodge authorities for quite some time, before he was forced to surrender. Strong action against the duo was a major demand of farmer leaders.

As Assembly elections in Uttar Pradesh draw nearer, many of these demands are being accepted by the BJP-led government. It is yet to be seen whether the government will also accept farmers’ demand to remove Mishra from his position in the Union Cabinet.

On October 3, four farmers and local journalist Raman Kashyap died after being run over by a Mahindra Thar vehicle after a peaceful protest in Tikonia village. On December 7, the district court dismissed brother Pawan Kashyap’s plea demanding an FIR against the Mishra duo. The police said in its status report that an FIR number 219/2021 was already lodged regarding the matter.

Following the latest development, Opposition leaders have responded to the application to condemn the ruling regime.

न्यायालय की फटकार व सत्याग्रह के चलते अब पुलिस का भी कहना है कि गृह राज्यमंत्री के बेटे ने साजिश करके किसानों को कुचला था

जांच होनी चाहिए कि इस साजिश में गृहराज्यमंत्री की क्या भूमिका थी? लेकिन @narendramodi जी किसान विरोधी मानसिकता के चलते आपने तो उन्हें पद से भी नहीं हटाया है। pic.twitter.com/ZLRNNefz7I

— Priyanka Gandhi Vadra (@priyankagandhi) December 14, 2021

Congress leader Priyanka Gandhi Vadra said, “Following the court’s rebuke and satyagraha, the police have also said that the son of the Minister of State for Home had conspired and crushed farmers. There should be an inquiry regarding the Minister of State’s role in this conspiracy. But due to Prime Minister Narendra Modi’s anti-farmer mentality, he hasn’t even been removed.”

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Lakhimpur Kheri killings: Two more farmers arrested for alleged lynching of BJP workers

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Lakhimpur Kheri killings: Kashyap family’s plea for separate FIR against MoS denied

Wed, 08 Dec 2021 07:05:47 +0000

Lakhimpur Kheri district court on December 7, 2021 dismissed a petition filed against Union Minister Ajay Mishra by Pawan Kashyap, whose brother Raman was a journalist and one of the victims of the Lakhimpur Kheri killings.

On October 3, local journalist Raman Kashyap went to Tikonia village to cover the protest where farmers had gathered to condemn Minister of State Mishra’s threatening comments against farmers. In the ensuing chaos, Kashyap was allegedly run over by the vehicle of the Minister’s son, along with other unarmed agitating farmers.

Devastated by his death, his family moved the court to file a separate FIR against Mishra and his son Ashish – the main accused in the case. According to the Indian Express, Pawan alleged that the police FIR did not mention his brother’s name.

However, the court rejected his application on Tuesday, stating that the Tikunia police said in its status report that an FIR number 219/2021 was already lodged and thus the matter did not require further petitions, said The Hindustan Times.

At the apex court level, Supreme Court judges already criticised the state police for dragging their feet in the case, delays in collecting statements from witnesses and other relevant material. On November 15, it “upgraded” the Special Investigation Team (SIT) looking into the matter with non-UP officials and appointed a retired High Court judge to monitor the proceedings.

The district court decision came shortly after fresh developments in the farmers’ struggle wherein the government has promised to accept farmers’ major demands. Even after Prime Minister Narendra Modi’s unilateral decision on November 19 to repeal the three farm laws, farmers’ umbrella body Samyukta Kisan Morcha (SKM) said they will agitate until pending demands are met. Until recently, these demands included Mishra’s suspension and arrest for his alleged involvement in the October violence.

As many as four farmers at the time. Some families alleged bullet wounds on bodies. However, on Tuesday, SKM leaders remained mum on the matter while talking about all other demands discussed with government officials.

In all, farmers demands are as follows:

1. A legal guarantee to Minimum Support Price (MSP) based on the C2+50 percent formula

2. Withdrawal of the draft Electricity Amendments Bill 2021 that the Centre had promised to dispose in earlier talks

3. Removal of penal provisions on farmers in the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act 2021

4. Withdrawal of FIRs against agitating farmers

5. Compensation and rehabilitation to families of the 700-martyred farmers

6. Immediate dismissal and arrest of Union Minister Ajay Mishra

While farmers spoke at length about the former five demands, the SKM remained silent on the matter concerning Lakhimpur Kheri. Leaders have sent their response regarding government assurances and await a reply on December 8.

Welcome repeal of laws but other demands pending: SKM to PM Modi

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With thinning patience, SC recommends HC judge to monitor Lakhimpur Kheri probe

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SC appoints retired P&H HC judge Rakesh Jain to monitor Lakhimpur Kheri probe

Wed, 17 Nov 2021 10:12:34 +0000

Retired High Court Judge Rakesh Kumar Jain will monitor the investigation into the Lakhimpur Kheri violence that claimed at least eight lives, said the Supreme Court on November 17, 2021.

After a month of dissatisfactory investigation regarding the alleged mowing down of farmers in Lakhimpur Kheri district of Uttar Pradesh, a Bench led by Chief Justice of India N. V. Ramana advised the state government to allow a retired judge to monitor the proceedings of the Special Investigation Team (SIT). The suggestion that was made on November 8 was finally accepted by state representative senior advocate Harish Salve on October 15.

Thereafter, the Supreme court discussed two possible candidates and settled on Justice Jain, who joined the High Court of Punjab and Haryana on December 5, 2007 and retired on September 30, 2020.

According to Bar and Bench, the Bench said, “Justice Jain manned Commission will ensure impartiality and independence of the investigation…The investigation will be by SIT under Justice Jain and matter will be listed after chargesheet is filed.”

Moreover, the Bench also included IPS officers Padmaja Chauhan, S. B. Shirodkar and Deepinder Singh in the SIT after it pointed out that most members in the team were Sub-Inspectors from the Lakhimpur Kheri region.

The Supreme Court took these actions after repeated criticisms of the state government for “dragging its feet” in this case. As many as eight peacefully protesting farmers were allegedly mowed down by Union Minister Ajay Mishra’s son Ashish in the presence of a crowd. Yet, the main accused, Ashish, was only brought in for questioning nearly a week after the incident.

Seeking a fair trial, farmers have repeatedly asked that his father be removed from his position in the Union Cabinet. Leaders called it “shameful” that Mishra remained in a position of power despite facing allegations from farmers of causing the killings.

On November 15, a sessions court denied bail to Ashish Mishra and two other accused Luv Kush and Ashish Pandey. Taking note of the incident, farmers group Samyukta Kisan Morcha (SKM) said, “What is noteworthy is that the prosecution, while presenting its arguments against the bail application moved by the accused, argued that the mowing down and killing/injuring of farmers appears to be a well-worked-out conspiracy and not a mere accident.”

As for the investigation, so far only three phones have been seized although a forensic report of only one phone is available. The Bench had already voiced concerns in this regard on October 20 when it considered how some accused were placed in police custody and others in judicial custody and the submission of the SIT report in a sealed cover.

The order may be read here.

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With thinning patience, SC recommends HC judge to monitor Lakhimpur Kheri probe

Lakhimpur Kheri killings: Two more farmers arrested for alleged lynching of BJP workers

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With thinning patience, SC recommends HC judge to monitor Lakhimpur Kheri probe

Mon, 08 Nov 2021 08:08:49 +0000

Supreme Court of India on November 8, 2021 recommended names of former High Court judges to monitor the Lakhimpur Kheri killing police investigation, after growing tired of the slow pace of the case proceeding. A Bench led by Chief Justice N. V. Ramana along with Justices Surya Kant and Hima Kohli criticised the Uttar Pradesh police for failing to include lab reports and other pertinent information in the status report despite a 10-day adjournment.

“Let an independent judge monitor the issue. This is the only solution which we are thinking. You find out from your government, we’ll take it up on Friday [November 12],” said the Bench, according to LiveLaw.

Noting that the status report only includes more witness statements, it wondered if the police were examining witnesses in a particular manner to benefit a single accused. Dismissing the request for a CBI investigation, the apex court instead suggested the supervision of retired judges like Ranjit Singh or Rakesh Kumar Jain. The state government said it will confirm the same by Friday.

This is the same Bench that on October 26 asked the Uttar Pradesh government to provide security for witnesses of the October 3 violence when four farmers, two BJP workers, a driver and a local journalist died in Tikoniya village. Farmers alleged that Union Minister Ajay Mishra’s son Ashish caused the deaths of farmers by running them over with his Mahindra Thar vehicle. Consequently, a counter-claim was filed wherein farmers were accused of lynching to death a vehicle occupant Shyam Sundar and journalist Raman Kashyap.

On Monday, the Bench focused on the people arrested, and questioned why only Ashish’s mobile phone has been confiscated so far. The court asked, “Did other accused not use cell phones?”

In response, government legal representative senior advocate Harish Salve said that the call data records of all accused are being collected. While the Bench remained unimpressed, farmers have been pushing for the dismissal of Mishra from his ministerial post to allow for a fair investigation.

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Lakhimpur Kheri case: SC directs UP gov’t to provide protection to witnesses

Tue, 26 Oct 2021 08:53:24 +0000

The Supreme Court has directed the Uttar Pradesh government to provide protection to the witnesses in the Lakhimpur Kheri incident of October 3, where eight people were reportedly killed after they were mowed down by a car owned by Ashish Mishra, son of Ajay Mishra, a BJP leader.

As per media reports, the bench led by CJI NV Ramana, also directed the government to ensure that the statements of relevant witnesses are recorded by the Judicial Magistrate under Section 164 of the Code of Criminal Procedure. Further, if there is any difficulty in recording the witness statements due to the unavailability of Magistrate, the court directed the concerned District Judge to ensure that the statements can be recorded by the nearest available Magistrate.

The court also took into account the status report filed by the government. Further, it also reportedly expressed its surprise that only 23 eye-witnesses have been recognised, despite the presence of hundreds at the crime spot. As per a LiveLaw report, the bench also consisting of Justices Surya Kant and Hima Kohli told Senior Advocate Harish Salve, appearing for the government, that the investigation team must try to identify more eye witnesses as they are more credible. It also directed the forensic laboratories to expedite the examination of the video evidence of the case.

During the previous hearing, the court had pulled up the Police for delaying the investigations and not recording the statements of witnesses on time. LiveLaw quoted Justice Hima Kohli saying, “We get the impression that you are dragging your feet, please do the needful to dispel that.”

Lastly, the court today, directed the government to file separate replies with respect to the counter-case of lynching of a Shyam Sunder, after the farmers were allegedly attacked and also with respect to the killing of a journalist Raman Kashyap.

Senior Advocate Arun Bharadwaj represented Ruby Devi, the widow of one of the killed persons. LiveLaw quoted him as saying, “I appear for Ruby Devi. My husband has been killed. I want justice. The killers are roaming free and threatening me.”

Also, Senior Advocate Harshvir Pratap Sharma mentioned the issue relating to the investigation of murder of journalist Raman Kashyap on October 3.

The matter will now be heard on November 8.

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Lakhimpur Kheri violence: UP Police offers only excuses, sealed cover reports for SC

Thu, 21 Oct 2021 04:09:43 +0000

The Supreme Court has orally remarked that the UP Police are dragging their feet in their investigation into the Lakhimpur Kheri violence, where peacefully marching farmers were allegedly run over by a powerful minister’s son.

The bench headed by Chief Justice of India NV Ramana and also comprising Justices Surya Kant and Hima Kohli, questioned Senior Advocate Harish Salve appearing for UP government, as to why statements of only four witnesses were recorded so far.

While Salve tried to reason that courts are closed due to Dussehra vacation, the bench pointed out that criminal courts are not closed in vacations. Senior Advocate Garima Prashad, also appearing for UP government tried to reason that it was because the police were recreating the crime scene. To this, the bench pointed out that both recording of statements and recreating crime scene are mutually exclusive and are two different things.

It was after such comments from the state counsels, Justice Hima Kohli remarked, “We get the impression that you are dragging your feet, please do the needful to dispel that,” reported LiveLaw.

The bench pointed out that the Special Investigation Team (SIT) will have to identify the vulnerable witnesses and afford them protection and get their statements recorded under Section 164 CrPC, as it will have more evidentiary value.

When the bench was presented with a status report in a sealed cover by Salve, CJI Ramana said that the bench waited for additional material until the previous night and commented that it did not seek a report in sealed cover.

Based on the sealed status report, Salve was seeking an adjournment for Friday, however, the bench refused and perused the status report to continue with the hearing.

When Salve informed the bench that in the case so far four persons were in police custody and six were in judicial custody, the bench questioned that as well, and sought to know why weren’t all accused kept in police custody for questioning. Ashish Mishra was kept in police custody for three days and then remanded to judicial custody.

Salve responded that the phones have been seized and if forensic reports arrive, there may no longer be need for further questioning.

The court scheduled the matter for hearing on October 26 and Salve assured the bench that more statements will be recorded under section 164 CrPC to dispel the doubts of the bench.

Previous hearing

At the previous hearing as well, the bench was not much pleased with the manner in which UP Police were handling the investigation and had questioned why Ashish Mishra was not taken into custody.

The bench had also expressed its discontent that the SIT comprised all local superintendents and police officers, and had asked whether CBI probe was to be initiated.

Background

On October 7, the court had taken up the matter as a public interest litigation on the basis of a letter written by two advocates, Shiv Kumar Tripathi and Amritpal Singh.

On October 3, 2021, a convoy of vehicles associated with BJP’s Union Minister of State for Home, Ajay Mishra Teni, his son Ashish Mishra Teni, and other goons allegedly ran over several farmers, peacefully protesting at Tikonia in Lakhimpur Kheri district of Uttar Pradesh. As reported in the media, one of the farmers was shot dead by the son of the union minister. In addition to this, four farmers and one local journalist were killed in the incident, and several others were seriously injured.

The order may be read here:

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Lakhimpur Kheri killings: BJP leader Sumit Jaiswal, three others, arrested

Tue, 19 Oct 2021 06:01:01 +0000

Over two weeks after the Lakhimpur Kheri killings, four persons, including BJP leader Sumit Jaiswal, were arrested on October 18, 2021, reported The Tribune.

Jaiswal’s arrest was among farmers’ major demands in connection with the Lakhimpur Kheri incident, along with arrest of all others accused and the dismissal of Union Minister Ajay Mishra from his position as Minister of State for Home Affairs. Others arrested on Monday are Shishupal, Nandan Bisht and Satya Prakash Tripathi. All of them were inside the vehicles that allegedly ran over five people, including four farmers. However, another accused, Ankit Das, is yet to be arrested.

Viral videos on social media show Jaiswal escaping the Mahindra Thar vehicle. However, he claimed that the farmer protesters had attempted to lynch driver Hari Om and two other BJP workers to death.

In line with this, five farmers from Tikunia village of Lakhimpur Kheri and nearby areas have been called in for questioning for participating in the October 3 protest. Farmers are to present themselves before officials on October 20. In response, members of farmers group Samyukta Kisan Morcha’s (SKM) legal team have offered their full legal assistance to farmers.

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Now, BJP leaders demand for justice for Lakhimpur Kheri victims

Fri, 15 Oct 2021 08:02:03 +0000

Bharatiya Janata Party (BJP) leaders have now joined the growing movement for justice for victims of the October 3 Lakhimpur Kheri killings. They too are calling for a just trial against those accused in the incident. This is significant because the key accused Ashish Mishra is the son of none other than Ajay Mishra, who is not only a member of the BJP, but is also a Minister of State in the Ministry of Home Affairs (MHA).

On October 15, BJP leader Ram Iqbal Singh accused Ajay Mishra of involvement in the death of eight people and a local journalist at Lakhimpur Kheri, and demanded his dismissal to allow a fair trial into the matter. According to Rediff, he said questions were being raised about Prime Minister Narendra Modi’s failure to sack Mishra. Speaking to reporters, Singh said Mishra should have apologised to farmers instead of trying to defend his son Ashish.

“He has not regretted the incident yet. This incident is a blot on humanity,” said Singh, who is also the state executive member of the party.

Further, he said that the BJP government’s image has been “tarnished” due to the Lakhimpur and the Gorakhpur businessman murder case. He reminded that BJP workers were also killed during the Sunday incident.

Singh is not the first BJP leader to speak against Mishra. Shortly after the incident unfolded, BJP MP Varun Gandhi condemned the attempt to mow down peacefully protesting farmers and urged Chief Minister Yogi Adityanath to call for investigations into the matter.

Recently on October 14, he also shared a video of former Prime Minister Atal Bihar Vajpayee from 1980 in which he warns the then Indira Gandhi government against farmer repression.

Wise words from a big-hearted leader… pic.twitter.com/xlRtznjFAx

— Varun Gandhi (@varungandhi80) October 14, 2021

Varun Gandhi stressed that videos of the incident showed ample evidence regarding the incident and that “justice must be delivered before a message of arrogance and cruelty enters the minds of every farmer.”

He also decried the attempt to colour the incident as communal violence. “Not only is this an immoral and false narrative, it is dangerous to create these fault-lines and reopen wounds that have taken a generation to heal. We must not put petty political gains above national unity,” he said in a tweet.

Farmers group Samyukta Kisan Morcha (SKM) said on Thursday that those injured during the incident are yet to receive their due compensation. It questioned why Mishra remained in the Cabinet despite openly threatening, promoting hatred and disharmony and speaking about criminal antecedents nearly three weeks ago.

“The SKM reiterates its strong demand that Mishra be dismissed from the government and arrested immediately. Otherwise, it is clear that justice in the Lakhimpur Kheri Farmers’ massacre will certainly be compromised,” it said in a press release.

To compel the Centre to arrest those accused in the Lakhimpur Kheri killings, farmers announced a rail roko all over India on October 18. On October 15 and October 16, farmers will burn effigies of PM Modi, Union Home Minister Amit Shah and other oppressive leaders in a show of dissent.

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Lakhimpur Kheri killings: GoI officials urged to talk about farmer deaths

Thu, 14 Oct 2021 07:35:10 +0000

Image: PTI

Dismiss Minister of State (MoS) Ajay Mishra and direct a judicial investigation into the Lakhimpur Kheri killings, appealed the Indian National Congress to President Ram Nath Kovind on October 13, 2021.

While the main accused in the Lakhimpur Kheri incident of October 3 – where four farmers and a local journalist were mowed down by a vehicle – Ashish Mishra was arrested nearly a week after the attack, his father continues to enjoy his post as a MoS in the Ministry of Home Affairs. Farmer leaders have called for his dismissal and arrest, stating that he is guilty of inciting the violence.

Therefore, various Congress leaders like Rahul Gandhi, Priyanka Gandhi Vadra, Rajya Sabha MP Mallikarjun Kharge and MP A. K. Antony, among others, wrote a joint letter to the “custodian of the constitution” describing the case as a matter of public interest.

“We call upon you as the custodian of our Constitution and the moral compass to this Government to immediately dismiss Mishra and direct an independent judicial investigation by a Commission comprising two sitting judges of the Supreme Court or High Court,” said the letter.

Signatories argued that Bharatiya Janata Party (BJP) leaders, including Uttar Pradesh Chief Minister Yogi Adityanath, make appeasing statements for Mishra’s benefit. This despite the fact that his role in the incident is also yet to be investigated and the same is unlikely while he continues to hold his post. Further, they pointed out that Mishra is also accused of murder in a three year and seven month old case. While a district court had acquitted him at the time, a criminal appeal against his acquittal has been pending in Allahabad High Court since 2004.

“What is even more shocking and unbelievable is that the High Court had reserved judgment in the Criminal Appeal on March 12, 2018 but hasn’t delivered the verdict till date. Justice has been delayed to the point where it has effectively been denied,” said Congress.

Meanwhile, farmers group Samyukta Kisan Morcha (SKM) condemned Finance Minister Nirmala Sitharaman’s attempt to defend Mishra with “whataboutery.” On October 12, Sitharaman attended an event at Harvard Kennedy School. During the event, one of the audience members asked why the Centre had a defensive reaction when questioned about incidents like Lakhimpur Kheri.

To this, she replied, “It’s nice of you to have picked up that one incident which is absolutely condemnable, every one of us say that. Equally, there are instances happening elsewhere, is my concern. India has issues of such nature happening in very many different parts of the country,” and urged people to urge all these issues equally.

While the SKM acknowledged that Sitharaman is the first Union Cabinet Minister who has said anything about issues, and called it “condemnable,” it questioned how the killings could be compared to any other incident.

“With the BJP and senior ministers defending Mishra this way, the hope for justice only got dimmer. In Lakhimpur Kheri, many others who were clearly part of the massacre are still missing and the state police is not nabbing them,” said leaders in a joint press release.

Stating that government data also supports all of farmers’ demands, the SKM will continue the struggle until their demands for the repeal of the “anti-people” laws are repealed, MSP becomes a legal guarantee and Lakhimpur Kheri accused face a fair trial.

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