The Delhi High Court today asked the Uttar Pradesh government to approach a trial court here, which had acquitted 16 policemen in the 1987 Hashimpura massacre case relating to the killing of 42 persons in Meerut, for recording of evidence to prove documents relating to the identity of PAC personnel.
The high court, which is hearing several appeals in the case against the acquittal, said the process of recording of secondary evidence, based on documentary proof, must be done in a time-bound manner to avoid any unnecessary delay.
A bench of Justices S Muralidhar and I S Mehta said the case should be taken up by the trial court on a day-to-day basis and the evidence completed in three months.
The bench said it was conscious of the fact that the trial stretched for eight years before the Tis Hazari district court here and the appeals were pending in the high court for three years.
The high court passed the order on a plea by National Human Rights Commission (NHRC) seeking that "registers, duty register, attendance registers, log-books and other documents relating to the names, duty roster, posting and connected relevant details of PAC personnel" of the platoon which was operating in that area on that day be placed before the court.
Advocate Vrinda Grover, appearing for NHRC, said the general diary register of Provincial Armed Constabulary (PAC) that pins the 19 accused policemen and the truck in which the victims were taken away, has the details of the accused and the CB-CID which had probed the case had deliberately suppressed material facts about these PAC personnel.
While the UP government chose not to oppose NHRC's plea, the accused's counsel contended that the commission wanted to fill up the lacunae in the prosecution story.
The court, however, was not impressed with the argument that any prejudice would be caused to the accused as the documents concerned were already before the trial court.
The bench noted that the photocopies of these documents were already part of trial court but were not exhibited and its typed version which mentioned names of PAC personnel was also in the trial court records.
It also noted that as per a letter by senior PAC officials, the record was not available with them as it was weeded out and whatever other documents they had, were placed before the trial court.
"With documents already forming part of trial court record, this application by NHRC should not be viewed as meant for rendering new evidence. It appears that the original document has not been produced. Therefore, an application has to be moved before the trial court seeking permission for leading secondary evidence to prove the typed copy," it said.
During the hearing, senior advocate Rebecca John, appearing for the victims, commenced her submissions on the appeals filed against the trial court verdict and said it has not been exhibited in the trial as to which of the PAC personnel were on duty on May 21, 1987 and whether they belonged to the 'C' company of 41st PAC Battalion.
The bench, which listed the matter before the trial court on March 19, directed the UP government to file the application for secondary evidence on the same day and made it clear that no adjournment would be given on any ground. It said the accused would have a right to cross-examine the witnesses as per law.
The bench listed the appeals before it for July 9.
NHRC has intervened in the matter seeking further probe into the massacre in the Hashimpura locality of Meerut in UP.
Prior to NHRC, the UP government as well as survivors and kin of the victims of the massacre have moved the court challenging the acquittal of the 16 policemen.
On March 21, 2015, the trial court had given the benefit of doubt and acquitted 16 former PAC personnel accused of killing 42 people in Meerut, saying lack of evidence has failed to establish their identification.
Nineteen people were named as accused and charges of offences of murder, attempt to murder, tampering with evidence and conspiracy were framed against 17 of them by the court here in 2006, after the case was transferred to Delhi on a Supreme Court direction in September 2002 following a petition by the families of the massacre victims and survivors.
16 accused acquitted in the case were alive while three had died during the trial.
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