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A man wants to dig up the body of his son killed during an encounter in Kashmir.  Advocacy before the Supreme Court: report

The Supreme Court bench said it would hear the motion on June 27. (Case)

New Delhi:

The Supreme Court agreed on Friday to hear a June 27 plea from a man seeking an order to exhume the body of his son, whom police had labeled a terrorist and was killed in a November 2021 encounter. , and hand it over to his family for the last rites.

A vacation bench of CT judges Ravi Kumar and Sudhanshu Dhulia was told by lead counsel Anand Grover, appearing for Mohammad Latief Magrey, that a single judge bench of the High Court of Jammu and Kashmir had cleared the exhumation of his son’s body, but he was later suspended. by a dividing bench.

He said his client had supported the military throughout his life and the only need to exhume the body was to perform the last rites of his son Aamir Magrey, who was killed along with three other people during the encounter.

Attorney Grover asked for the plea to be entered urgently, saying that with each passing day it would become more difficult to exhume the body and that he had several judgments from the highest court in his favour.

The bench said it would hear the petition on June 27.

On June 3, a divisional bench of the High Court of Jammu and Kashmir and Ladakh suspended the single order to exhume the body of Aamir Magrey and return it to his family for the final rites.

On May 27, the Single Judge’s Bench had ordered authorities in Jammu and Kashmir to make arrangements to exhume the remains of the dead from Wadder Payeen Cemetery in the presence of Latief Magrey.

The court however said that if the body is “very putrefied and not in a state of delivery or is likely to pose a risk to public health and hygiene, the petitioner and his next of kin will be allowed to perform the last rites. according to their tradition and religious beliefs in the… cemetery itself”.

In this situation, the State will pay petitioner Mohammad Latief Magrey compensation of Rs 5 lakh for deprivation of his right to have his son’s corpse and give him a decent burial in accordance with family traditions, religious obligations and the faith that the dead professed while alive, had said the order of the single judge.

The bodies of two other civilians, Altaf Ahmad Bhat and Dr Mudasir Gul, who were killed during the Hyderpora encounter, were exhumed and returned to families after an outcry days after the shooting.

Four people were killed during the encounter on the outskirts of Srinagar on November 15, 2021.

While the police said they were all terrorists and buried their bodies in Kupawara, north Kashmir, the families of the victims said they were innocent civilians.

(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)


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