CJI: We’ve seen people in the commission, they’re all local people. This is what happens when all are local people. Has the state made a request to give the probe to CBI?
J Surya Kant: Law must have taken its course against whoever is involved.
Salve: Whatever has been the shortfalls will be filled up between today and tomorrow.
Salve: They should’ve done the needful.
CJI: What is the message that we are sending? In normal circumstances, if a 302 case is registered, what will the police do? Go and arrest the accused!
Salve: No. The case is extremely serious.
CJI: If it's serious, then the way it should’ve proceeded, it has not proceeded is what we feel. It appears it's only in words & not in actions.
J Kohli: Proof of the pudding is in the eating.
Salve: They said there was an allegation of gunshot injury but post mortem didn’t show gunshot injury.
CJI: That’s a ground for not taking the accused...
CJI: This is the opinion of the bench. We expect responsible government and police working. When there’s a serious allegation of 302, how will the accused be treated? Sending notice like 'please come, please tell us'?
CJI: We’re not on merits. The allegation is of 302. Treat him the same way we treat other persons in other cases. Not that we have sent notice, please come etc.
Salve: It’s possibly 302.
J Kohli: Possibly?
CJI: There were eye witness.
Salve: Your Lordships had issued notice.
CJI: No, we didn’t issue notice.
Salve: Further developments have been, young man against whom allegations have been made, we have given him notice. He has to show up at 11 am tomorrow. If he doesn’t, the rigour of law would be against him.
Sr Adv Harish Salve for State of UP: Can your Lordships see me?
Bench: No.
Salve: Would Your Lordships give me 10 seconds?
The Bench hears Mr Salve's sound of arguing another matter in another court.
Justice Kohli to CJI - He seems to be in another court.
AAG for UP seeks pass over to enable Salve to appear.