Srinagar, Jul 1: A division bench of Jammu & Kashmir High Court on Friday directed the authorities to allow family of Amir Magrey a civilian from Banihal, who was killed during last year’s Hyderpora encounter, to perform Fateha Khawani at Wadder Payeen graveyard in Handwara but declined to accept the prayer for exhumation of his body.
The division bench comprising Chief Justice and Judge Javid Iqbal Wani directed authorities to allow Amir's father Lateef Magrey and his family members up to a maximum 10 persons to perform Fateha Khawani (religious rituals/prayers after burial) of the deceased at Wadder Payeen Graveyard, on the date and time to be decided in consultation with authorities, subject to taking into account security measures which may be required to be put in place inasmuch as the COVID-19 guidelines.
The Court also directed the authorities to pay compensation of Rs five lakh to the family.
“It is made clear that the payment of said compensation by appellants to respondent no.1 shall not form a precedence for future in view of the fact that the said compensation stands awarded to the writ petitioner/respondent no.1 in view of the peculiar facts and circumstances of the instant case,” the Court said.
The Court said the prayer of counsel of Lateef Magrey that he and his family members be permitted to see the face of deceased by opening the grave of the deceased, "cannot be accepted and permitted, firstly, in view of pleading of writ petitioner that the dead body would start decomposing immediately after burial, and secondly in view of the statement made by the writ petitioner before the Apex Court while giving up the prayer of exhumation".
The Supreme Court had on Monday asked the Jammu and Kashmir High Court to consider either on Tuesday or within a week the plea of Lateef seeking a direction to exhume the body of his son, who was dubbed a terrorist and killed in an encounter in November 2021 and to permit the family to conduct last religious rites at the same graveyard.