Justice Sunil Gaur said let the plea filed by the National Human Rights Commission (NHRC), which has sought further probe into the massacre in the Hashimpura locality of Meerut, be heard by the bench concerned.
The court's oral 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.
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 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."
On March 21 this 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.
19 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..