Srinagar: A division bench of High Court of Jammu & Kashmir and Ladakh on Friday stayed a single bench order for exhuming the body of a civilian, who was dubbed as a militant by police during the Hyderpora encounter in November last year, and handing it to his family for last rites.
Hearing a Letter Patent Appeal (LPA) filed by the government, a division bench comprising Justices Ali Mohammad Magray and Wasim Sadiq Narwal stayed the single bench order passed last week.
The HC also listed the matter for next hearing on June 28.
Justice Sanjeev Kumar in his order last week had allowed the plea filed by Latief Magrey, father of Aamir Magray, seeking exhumation of his son’s body.
“I am inclined to allow this petition of the father of the deceased Amir Latief Magrey and direct the respondents (Jammu and Kashmir government) to make arrangements for exhumation of the body/remains of the deceased from the Wadder Payeen graveyard in presence of the petitioner,” Justice Sanjeev Kumar had said in his 13-page order.
The court said that, however, if the body is, highly putrefied and is not in deliverable state or is likely to pose risk to public health and hygiene, the petitioner and his close relatives shall be allowed to perform last rites as per their tradition and religious beliefs in the graveyard itself. In that situation, the state shall pay to the petitioner Mohammad Latief Magrey a compensation of Rs 5 lakh for deprivation of his right to have the dead body of his son and give him a decent burial as per the family traditions, religious obligations and faith which the deceased professed when he was alive, the order said.
Two more civilians 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 encounter.
Mohammad Magrey is represented by Deepika Singh Rajawat in the high court.
—PTI

  Kashmir 370

Press Trust of India