BJP MP Subramanian Swamy asked the Delhi High Court on Thursday for a re-trial 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 incident was not examined.
He also alleged before the court that there were "gaps in the probe including destruction of evidence" and said he would show that international laws would apply to the case.
A Bench of justices G S Sistani and Sangita Dhingra Sehgal, however, said "what was left out cannot be added, unless we go for a re-trial" and asked 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".
The court, thereafter, listed Swamy's plea, seeking further probe to ascertain the alleged role of 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 the 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 crime occurred in that State.