Srinagar: A division bench of Jammu & Kashmir High Court on Friday directed the authorities to allow the family of Amir Magrey, who was killed in last year’s Hyderpora encounter, to perform Fateha Khawani of the deceased at Wadder Payeen, Handwara, but declined to accept the prayer for exhumation of his body in view of the family giving up the relief granted by a single bench of the Supreme Court.
J&K Chief Justice and Justice Javid Iqbal Wani directed authorities to allow Lateef Magrey and his family members (maximum 10 persons) to perform Fateha Khawani (religious rituals/prayers after burial) of deceased at Wadder Payeen graveyard on the date and time to be decided in consultation with authorities, subject to taking into account security measures which may be required to be put in place inasmuch as the COVID-19 guidelines.
The court also directed the appellants to pay compensation of Rs 5 lakh to the family of Amir Magrey.
“It is made clear that the payment of said compensation by appellants to respondent no.1 shall not form a precedence for future in view of the fact that the said compensation stands awarded to the writ petitioner/respondent no.1 in view of the peculiar facts and circumstances of the instant case,” the court said.
The court said the prayer of counsel of Lateef Magrey that he and his family members be permitted to see the face of the deceased by opening the grave of the deceased, cannot be accepted and permitted, firstly, in view of pleading of writ petitioner that the body would start decomposing immediately after burial, and secondly in view of the statement made by the writ petitioner before the Apex Court while giving up the prayer of exhumation.

  Kashmir 370

KR Desk