The Delhi High Court today tagged BJP leader Subramanian Swamy's plea with petitions challenging a trial court's decision to acquit 16 policemen of charges of murder and other crimes in the 1987 Hashimpura massacre case in which 42 people were killed.
A bench of justices G S Sistani and Sangita Dhingra Sehgal said that Swamy's plea be heard along with appeals filed by Uttar Pradesh state, National Human Rights Commission (NHRC) and some private party including a survivor of the massacre Zulfiqar Nasir.
"Appeals are there. We can tag your plea with the appeals which is listed for hearing," the bench said.
The court's order came during the hearing of Swamy's plea seeking further probe to ascertain the alleged role of then Minister of State for Home P Chidambaram in the case.
Swamy submitted, "Appeal of state which arises out of a 1987 incident, which according to me was a genocide, is pending."
The court has fixed the matter for March 31.
NHRC has sought further probe into the massacre in the Hashimpura locality of Meerut. Prior to NHRC, Uttar Pradesh government as well as survivors and kin of the victims had moved the court challenging the acquittal of the 16 policemen.
The high court had in August 2013 sought a response of Uttar Pradesh government while hearing Swamy's appeal which also challenged the trial court's March 8, 2013 decision dismissing his plea against Chidambaram, who was a Union Minister between 1986 and 1989.
In the appeal, Swamy has sought further probe saying, "It was admitted on the floor of Parliament by the then Minister of State for Home Affairs P Chidambaram that the situation was calm on May 19 to May 22, 1987. Yet the trial judge states it was violent strife. Hence, even at this late stage, an investigation into this issue is essential for complete justice."
The trial court had in March 2013 dismissed Swamy's plea for further probe to ascertain Chidambaram's role in the incident saying he has no locus standi and it is only the police who can move an application for further probe.
On March 21 last year, a trial court gave the benefit of doubt and acquitted 16 former Provincial Armed Constabulary 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 for 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..
The 16 accused acquitted in the case are the ones still alive. Three other accused died during the trial.
