Dr. Subramanian Swamy vs State Of Up & Ors.
2018 Latest Caselaw 6608 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                               Reserved on: 6th September, 2018
                                               Decided on: 31st October, 2018

+              CRL.M.C. 3280/2013 & Crl.M.A.No.16766/2015

DR. SUBRAMANIAN SWAMY                                           ..... Petitioner
                    Through:                 Ms. Ramni Taneja, Advocate.

                         versus

STATE OF UP & ORS.                                             ..... Respondents
                           Through:          Mr. Kaushal Yadav, PP with Mr.
                                             Ram Kishor Singh Yadav, AOR
                                             and Mr. Zaki Ahmed Khan,
                                             Advocates for State of UP.

CORAM: JUSTICE S. MURALIDHAR
       JUSTICE VINOD GOEL

1. This is a petition by Dr. Subramanian Swamy praying inter alia that (i) this
Court should order a further investigation into the Hashimpura massacre
through a Special Investigating Agency ('SIT') and (ii) direct that the original
enquiry report of the CB-CID which was tabled before the State of U.P. in 1994
should be made public.

2. The Court has considered the petition, the application, the submissions of Ms.
Ramni Taneja, learned counsel for the Petitioner as well as the written
arguments.

3. As far as prayer (ii) is concerned, the Court accepts it and directs that the
State of U.P. shall place on its website in a prominent place a scanned read-only
copy of the original enquiry report, with its enclosures, of the CB-CID given in
the Hashimpura massacre that took place on 22nd May 1987.



Crl.M.C. 3280/2013                                                 Page 1 of 2
 4. As regards prayer (i), the Court notes that in the over three decades since the
massacre, no significant developments are stated to have taken place, or leads
unearthed, warranting the direction sought. Prayer (i) is, therefore, declined.
However, this will not preclude the concerned investigating agency from further
pursuing the matter in accordance with law. It will be open for the Petitioner
too, if he has any further material, to share it with such agency to facilitate the
exercise.

5. The petition and the application are disposed of in the above terms.




                                                          S. MURALIDHAR, J.

VINOD GOEL J.

OCTOBER 31, 2018 shailender/rd/mw