Satisfied with judgement:- Family
Srinagar, May 27: The High of J&K and Ladakh on Friday ordered for exhumation of body it youth from Ramban killed in Hyderpora encounter along with other three in November last year.
“Much has been said by the respondents with regard to the status of the body lying buried since 15.11.2021. While it cannot be disputed that the body of Amir Latief Magrey buried on 15.11.2021 in Wadder Payeen Graveyard may have putrefied by now but that alone cannot be a reason not to handover the remains of the dead body to the petitioner who is clamoring at the top of his voice to get even the remains of the dead body of his son so that he could bury him in his native graveyard in the presence of relatives and after following all religious obligations. The apprehension of law and order getting vitiated at this point of time also appears to be illusory. When the respondents could maintain the law and order situation when the dead bodies of two, namely, Altaf Ahmad Bhat and Dr. Mudasir Gul were exhumed and handed over to their relatives for last rites on 18.11.2021, it is not difficult fo the respondents to make necessary arrangements for exhumation of the dead body of Amir Latief Magrey, the son of the petitioner and transport the same in proper escort to Village Thatharka Seripora Tehsil Gool District Ramban.” Reads the order of HC of J&K and Ladakh, a copy of which lies with KNO.
“The respondents can make appropriate arrangements to ensure that law and order situation does not get vitiated in any manner. The petitioner, as is fervently contended by his counsel, is even ready to undertake that he will abide by all the terms and conditions that may be imposed by the respondents with regard to exhumation, transportation and according of burial to the dead body.” It adds.
“For the foregoing reasons, I am inclined to allow this petition of the father of the deceased Amir Latief Magrey and direct the respondents to make arrangements for exhumation of the body remains of the deceased Amir Latief Magrey from the Wadder Payeen graveyard in presence of the petitioner.” It adds.
“The respondents shall also make appropriate arrangement for transportation of the dead body to the burial in his native graveyard in accordance with the traditions, religious obligations and religious faith which the deceased professed during his life time provided it is in deliverable state. The respondents are free to impose any reasonable terms and conditions in respect of exhumation, transportation and burial of the dead body of Amir Latief Magrey, the son of the petitioner. Since the dead body of the deceased must be in advance stage of putrefaction. as such, it would be desirable that the respondents act with promptitude and do not waste any further time.” It adds further.
“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 belief in the Wadder Payeen graveyard itself and in that situation, the State shall pay to the petitioner a compensation of Rs. 5 lakhs for deprivation of his right to have the dead body of his son and give him decent burial as per family traditions, religious obligations and faith which the deceased professed when he was alive.” It adds further.
Pertinently, Amir’s father Mohammad Lateef Magray had filed the petition through his counsel Deepika Singh Rajawat in December last year.
The decision was reserved on May 19 by court after hearing the parties.
Lateef Magray had met LG in December last year to press for the demand of return of his body besides that he had also demanded magisterial probe ordered by the government public.
Magray, the petitioner had demanded dead body of his son who was killed in Hyderpora encounter on 15 November last year and were demanding to ensure that body of his may may so that his family can see his face one last time and bury him close to his house.
Notably, police had said that Amir was close associate of foreign militant Bilal who along with Dr Mudasir Gul and Altaf Ahmad Bhat was killed in Hyderpora encounter.
However, Magray had asked authorities to prove his son a militant then he wont ask for anything.
Magray, a PHE employee, told KNO in Nov last year that for killing a militant with stone in year 2005, he along with his family had to migrate to Udhampur for six years “but now my son has been killed for being a militant and even dead body is being denied.”
Magray on Friday told KNO that he along with his family are very much satisfied with the decision of the court and hopefully very soon we will bury him here at his native village.
He added that no body from government has contacted them so far.
