Hyderpora Encounter | SC asks J&K HC to hear plea of man seeking exhumation of son’s body

A vacation bench of Justices Surya Kant and J B Pardiwala also requested the High Court consider the plea for the grant of compensation to Muhammad Latief Magrey for the death of his son Aamir Magrey.
Army personnel near the Hyderpora Encounter site. [File]
Army personnel near the Hyderpora Encounter site. [File] Habib Naqash for Greater Kashmir

New Delhi: The Supreme Court Monday asked the Jammu and Kashmir High Court to consider either on Tuesday or within a week the plea of a man 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.

A vacation bench of Justices Surya Kant and J B Pardiwala also requested the High Court consider the plea for the grant of compensation to Muhammad Latief Magrey for the death of his son Aamir Magrey.

The bench took note of the submission of senior advocate Anand Grover, appearing for the father of the deceased, 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.

“Now I have taken the instruction. The single-judge bench order was that I would be handed over the body and I will be taking that to my own graveyard. That portion of the order I am not pressing anymore. Because, I am prepared to go the graveyard where he is buried and remains will be exhumed and re-entered and I will perform the religious rites myself there only...,” the senior lawyer said, adding that there were judgements which say that the right to perform last rites lies with the family members.

The bench said that as the matter was listed for hearing before the High Court on Tuesday, it would request the court to hear and decide the plea of Muhammad Latief Magrey either on Tuesday or within a week thereafter.

“The counsel for the petitioner, at the outset, said that he does not want to press for the first relief granted by the High Court for exhumation and handing over of the body remains of his deceased son... He, however, wants to perform the last rites as per the religious practices at the... graveyard where his son was buried,” the bench noted in its order.

The bench disposed of the appeal without expressing any opinion on the merits and asked the High Court to permit the counsel to appear through video conferencing mode.

Earlier, on June 24, another vacation bench had agreed to hear the plea seeking exhumation of the body for performing the last rites by the family.

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