Hyderpora Encounter | HC reserves decision on Govt’s appeal against exhumation of Amir’s body

“If the body was highly petrified, in that situation the State shall pay to Amir’s father a compensation of Rs 5 lakh for “deprivation of his right to have the dead body of his son"
 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: The High Court of J&K and Ladakh Wednesday reserved its verdict on an appeal filed by the government against the exhumation of the body of Amir Latief Magrey, one of the four persons killed in an “encounter” at Hyderpora on November 15 last year.

In its appeal, the government has challenged the single judge bench judgment wherein the exhumation of the body of Amir Latief Magrey was ordered.

A division bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani on Wednesday reserved the verdict after hearing Advocate General D C Raina for the government and Advocate Deepika Singh Rajawat on behalf of Amir's father, Muhammad Latief Magrey.

The bench reserved its decision on the appeal two days after a vacation bench of the Supreme Court requested the J&K High Court to consider the plea for the grant of compensation to Muhammad Latief Magrey for the death of his son.

The apex court bench took note of the submission of senior advocate Anand Grover on behalf of Magrey that now he does want to press for the first relief that the body be allowed to be exhumed for performing last religious rites at the family graveyard.

However, Magrey submitted before the Supreme Court that he wanted to perform the last rites of his son as per religious practices at Wadder Payeen graveyard in north Kashmir's Kupwara district where his son was buried.

On June 3, a division bench of the High Court had stayed the single bench’s decision of May 27 in which it had ordered the exhumation of Amir’s body from Wadder Payeen graveyard.

The single-judge bench had observed that the “State cannot deny constitutional right in the name of preventing law and order situation getting out of hand”.

The court had also asked the government to make appropriate arrangements for the transportation of Amir’s body to his native village of Thatharka Seripora in the Gool area of Ramban district with “promptitude and without wasting any more time”.

“If the body was highly petrified, in that situation the State shall pay to Amir’s father a compensation of Rs 5 lakh for “deprivation of his right to have the dead body of his son and give him decent burial as per the family traditions, religious obligations, and faith which the deceased professed when he was alive,” the court had said.

The bodies of two other persons, Altaf Ahmad Bhat and Dr Mudasir Gul, who were killed in the Hyderpora “encounter” were exhumed and returned to the families following an outcry days after the gunfight on November 15, 2021.

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