Srinagar: The High Court of Jammu and Kashmir on Wednesday sought response as well as objections to a plea, filed by the father, seeking handing over of the body of Mohammad Amir Magrey, who was killed in an encounter on November 15 last year at Hyderpora area.
In the said military operation, a foreign militant, local ‘militant associate’ Amir, and two other persons – the landlord of the building where the encounter took place, and a dentist – were killed. The bodies of the building landlord and the dentist were later exhumed and returned to their families after days of protest against the killings.
However, the body of Amir was not returned to his family. The family filed a plea before High Court seeking direction to the authorities for the ‘honourable burial of their kin’ as per fundamental rights enshrined in Article 21 of the Constitution of India.
It was submitted before court that it would be traumatising for the family of late Amir Magrey if the body gets fully decomposed and so the plea needs to be treated urgently for disposal.
Justice Mohan Lal Manhas on Wednesday while hearing the plea of Amir’s father issued notice to the 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 response and filing of objections to the plea.
The court directed the respondents to file objections within 10 days.
Earlier, the father of Amir had moved court through advocate Deepika Rajawat seeking his son’s body for burial.
“The petitioner requests the court to come to the rescue of their son’s fundamental right to have decent burial as per religious rules. If not done, they will never recover from the pain,” he pleaded.
“They have not even given a chance to see his face last time. They wish to bury their son close to their house so that in the future he gets to visit his grave for prayers,” said the plea.
The petition by Amir’s father, Muhammad Latief Magrey, was filed days after the Special Investigation Team (SIT) accused Amir of being a “militant associate” who allegedly ferried a foreign militant, also killed in the encounter, to Srinagar city once.
The victim’s father had then said that his entire family was associated with the Indian Army and other security agencies and was “instrumental in elimination of militants in Gool, Sangaldan, Ramban”. He said that in view of their open support to the Indian Army, the family remained vulnerable to attacks and was provided security cover outside his home.
“It is obvious that Amir was groomed in an atmosphere of patriotism and away from anti-national activities and forces. So, associating Amir with terrorism is not justified to any stretch of imagination and will also discourage all those who hold India close to their hearts and are fighting terrorism in a difficult situation in Jammu and Kashmir, without caring for their lives and families,” the petition reads.
According to the family, Amir was working at the slain dentist Dr Mudasir’s clinic for the last few months, shouldering the family responsibilities.