Hyderpora Encounter: Division Bench Of J&K High Court Stays 'Order Of Exhumation Of Body' Of Amir Magrey

One week after the judgement was delivered by the single bench of J&K and Ladakh High Court the state challenged the order before Division Bench and got its operation stayed till next date of hearing.

The appeal was heard by the the bench comprised of Justice Ali Mohammad Magray and newly appointed judge, Justice Wasim Sadiq Nargal.

Adv. Deepika Singh Rajawat, who represents father of the deceased Amir Magrey had already filed the caveat on Monday. She appeared through virtual mode and opposed the granting of any interim relief to the government, invoking the constitutional right of decent burial to the dead body.

Advocate General, Mr D. C. Raina appearing for the Union Territory of Jammu and Kashmir questioned the single bench judgement for multiple reasons.

He contended that "relief could not have been granted in terms of the Medical Science Analysis of the dead body,which envisages that the dead body gets putrefied only after a period of one month."

It was also contended that the relief granted by writ court was beyond the pleadings of the petitioner (respondent no. 1 before the division bench).

Advocate General further questioned the judgement for being self- contradictory. He argued that the single judge, on the one hand, has referred to the putrefaction of the dead body in the advanced stage and directed the Government to act with promptitude without wasting any further time, but, at the same time, has taken a contrary view by directing exhumation of the dead body.

The division bench after hearing Adv. General, Assistant Solicitor General of India, Tahir Majid Shamsi and Deepika Singh Rajawat observed, "[W]e feel that this matter requires a final decision from this Court after hearing all parties concerned," and listed the matter for consideration on 28th June 2022.

In the meantime, the division bench said, the operation of impugned judgment shall stay.

Case Title : Union Territory of JK & Ors. V Mohammad Latief Magrey & Anr.

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