New Delhi: The Supreme Court has dismissed a review plea by Amir Magrey’s father seeking the exhumation of his body nearly 14 months after his killing in an “encounter” in Hyderpora area of Srinagar in 2021.
“This review petition has been filed against the Judgment dated 12th September, 2022 whereby the Appeal was dismissed,” a bench of Justices Surya Kant and J B Pardiwala said in its order.
“We have considered the review petition on merits. In our opinion, no case for review of Judgment dated 12th September, 2022 is made out. Consequently, the review petition is dismissed on merits,” the Top Court said.
On 12 September last year, the top court had dismissed the appeal filed by Amir’s father, Mohammad Latief Magrey, against the judgement by a division bench of J&K and Ladakh High Court which had overturned its single bench order directing exhumation of the body from Wadder Payeen graveyard in Kupwara and its transportation to native village of Amir— Thatharka Seripora in Tehsil Gool area of Ramban district— with “promptitude and without wasting any further time.”
“It will be too much at this stage to disinter the body…The dead should not be disturbed and some sanctity should be attached to the grave,” the Division bench of Justices Surya Kant and J B Pardiwala had said in its order on September 12 last year.
The Bench had also said there was “nothing on record” to indicate that Amir’s body was dealt with in any manner insulting the religious feelings of the family members. “We are convinced…the body was buried with dignity…,” the Bench had added.
Amir was among 4 persons killed by police in Hyderpora area of J&K’s Budgam district on November 15, 2021. While the remains of two of them— Altaf Ahmad Bhat and Dr. Mudasir Gul— were exhumed and handed over to their kin, the bodies of Magrey and the fourth person were buried in Kupwara district.
While the police claimed all the four men were militants, controversy erupted after Amir’s family said he was a civilian and sought the return of his body.
While refusing Magrey’s plea, the SC bench on September 12 had noted that “almost 9 months have passed post burial which is suggestive that the body may not be in a deliverable state”. The other bodies, it pointed out, had been exhumed in two days and would still have been in a deliverable state.
Magrey had earlier moved the J&K and Ladakh HC seeking exhumation of Amir’s body. With the J&K administration arguing that Amir was a “confirmed” militant and had not handed over his remains to his family keeping the law and order situation in mind, the HC division bench refused Magrey’s plea. The HC division bench, however, upheld a single-judge bench order directing the state to pay compensation of Rs 5 lakh to the family.

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