Senior BJP leader Subramanian Swamy on Thursday asked the Delhi High Court for a retrial of the 1987 Hashimpura massacre, which claimed 42 lives, alleging that presence of then Minister of State for Home P Chidambaram at the place right after the incident was not examined.
He also alleged before the court that there were "gaps in the probe including destruction of evidence" and said that he would show that international laws would apply to the case.
A bench of justices G S Sistani and Sangita Dhingra Sehgal, however, said that "what was left out cannot be added, unless we go for a re-trial" and asked Mr. Swamy, the State of Uttar Pradesh and other parties in the case "to take a call whether you want a re-trial or an appeal".
Next hearing in August
The court, thereafter, listed Mr. Swamy’s plea, seeking further probe to ascertain the alleged role of Mr.Chidambaram in the incident, for hearing on August 4 along with the petitions moved by National Human Rights Commission (NHRC) and kin of the victims challenging acquittal of the 16 former Provincial Armed Constabulary personnel who were accused in the case.
On NHRC's application for enforcement of the trial court order awarding compensation to kin of some of the victims of the massacre, the bench sought response of Uttar Pradesh legal services authority after DSLSA said that the crime occurred in that State.
Delhi State Legal Services Authority (DSLSA) also said that the victims belonged to the State and the accused were police officers of UP and added that its funds were "limited" and "meant for people of Delhi".
The court asked advocate Vrinda Grover, appearing for NHRC, to give by June 1 a rough computation of the total compensation payable, saying this amount would be put to the UP authority to be paid.
"Let them pay it under protest," the bench said.
The NHRC, in its application, has sought enforcement of the trial court's order to pay compensation to kin of some of the victims under section 357A of the Criminal Procedure Code
(CrPC) which provides for payment of compensation to the victims even on acquittal of the accused.
