Srinagar, Jan 1: The father of Muhammad Amir Magray, one of the four persons killed in an “encounter” at Hyderpora here on November 15 last year on Saturday filed a petition in the High Court of J&K and Ladakh seeking the return of the body of his son for burial.
Having filed the petition before the Jammu wing of the High Court a couple of days ago, the petition has been now filed at the Srinagar wing of the Court due to the “jurisdiction” and is likely to come up for consideration before a vacation bench as the court is currently on winter vacation break.
Amir’s father Muhammad Latief Magrey has filed the petition through his lawyer Deepika Singh Rajawat and is seeking direction to Ministry of Home Affairs Government of India, J&K government through Principal Secretary (Home), Director General of Police (DGP) and Inspector General of Police (IGP) Kashmir for handing over the body of Late Magray.
“A time bound magisterial probe was ordered and its report was supposed to be submitted within 15 days, but despite passage of more than one month, no such report has been submitted so far,” Magrey pleads.
The petitioner pleads to invoke Article 21 of the Constitution which, he submits, “extends the Right to have a decent burial as per religious ceremonies and rules”.
Aggrieved of the delay in the submission of the enquiry report and return of body, the petitioner submits that he met the Lieutenant Governor on December 7, 2021 to press for the demand of return of body and making magisterial probe public, who, he pleads, sought two day time to make the report public, but since then two weeks have lapsed, giving cause of action to the petitioner to approach this Court by way of filing the present petition.
Referring to the return of the bodies of two others killed in the encounter, a building landlord and a doctor with whom Amir was working as an office peon on November 18, the petitioner seeks direction to Ministry of Home Affairs GOI, Jammu and Kashmir administration and DGP to handover Amir’s body to the family.
The petitioner pleads that Amir had not been able to complete his studies due to weak family background and financial problems. “Therefore, he had gone to his sister in Kashmir who helped him get a job in Dr Mudasir’s clinic and he had been working there for last few months”, he says.
The Petitioner and his wife want court intervention for their son’s Fundamental Right to have decent burial as per religious rules. They submit that they will never recover from the pain if not allowed.
The petitioner and his wife plead that they were not even given a chance to see their son’s face last time and they wish to bury their son close to their house so that in the future he gets to visit his grave for prayers.
It is submitted that Amir’s body needs to be exhumed at the earliest to avoid decomposition and the family would get emotionally traumatised if they see the decomposed body.