Alleging that there were “gaps” in the probe, including “destruction of evidence”, Swamy said he would show that international laws apply in the case. Alleging that there were “gaps” in the probe, including “destruction of evidence”, Swamy said he would show that international laws apply in the case.

The Delhi High Court on Thursday took up hearing on BJP leader Subramanian Swamy’s plea seeking a retrial of the 1987 massacre in Hashimpura, Meerut, which claimed 42 lives.

Swamy’s plea has alleged that the presence of then minister of state for home P Chidambaram in the area right after the incident was not examined by the trial court. Alleging that there were “gaps” in the probe, including “destruction of evidence”, Swamy said he would show that international laws apply in 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 retrial” and asked Swamy, Uttar Pradesh government, and other parties in the case to take a call “whether you want a retrial or an appeal”.

The court will now hear the plea on August 4 along with petitions moved by the National Human Rights Commission (NHRC) and kin of the victims, challenging acquittal of the 16 former Provincial Armed Constabulary personnel accused in the case. The court also issued notice to UP State Legal Aid Services Authority to respond to an application by NHRC for enforcement of the trial court’s order awarding compensation to kin of some of the victims.

In its main petition, NHRC has sought further probe into the massacre.

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