J&K&L HC Reserves Judgment On Father's Plea To Perform Last Rites Of His Son Killed In Hyderpora Encounter

Advocate Deepika Singh on behalf of the father countered the Advocate General's version and argued that since the administration decided to hand over the bodies of other two persons killed in the encounter, the administration cannot deny the body just by saying that the locus of the petitioner is on a different parameter, that too when the investigations are still in progress and are yet to conclude findings in the matter. Counsel also invited the attention of the court towards the reply filed by the administration wherein they have still maintained that Dr Mudasir Gul was also involved in the acts of terrorism and therefore differentiating his case from that of the deceased-respondent does not hold water.

Rebutting the other contention of the Advocate General that awarding compensation and handing over the body might set a precedent whereby in future families of militants and over ground workers would approach the court with similar reliefs, Adv Deepika argued that even if this argument is accepted, how does this cause an impediment in the father seeking his constitutionally guaranteed right to perform decent burial.

On the directions of being granted a competition amount of Rs 5 lakh, the counsel for Magrey argued that the Single bench had righty done so as the victims' family had been unnecessarily deprived of performing the last rights of the deceased for so long. The administration should have action for their arbitrary action and the family has pledged to donate the compensation amount if and when granted, the counsel stated.

Concluding her arguments Adv Deepika submitted that the father of the deceased was ready to accept any condition that would be imposed on him in pursuit to help him performing the last rights of his son.

It may be recalled that it on Monday(June 27), the Supreme had considered a Special Leave Petition filed by Latief Magrey challenging the order dated June 3 passed by the division bench of J&K&L High court which had stayed the exhumation of his son's body. Before the Supreme Court, Magrey's counsel Senior Advocate Anand Grover submitted that he was not pressing the relief for exhumation and and was only pursuing the reliefs for performing last rites as per religious faith at the graveyard where the body has been buried. The petitioner had further requested the bench to also consider the direction with regards to the compensation of Rs 5 lakh which was passed by the Single Judge.

Without getting into the merits of the matter, the Supreme Court asked the High Court to decide the father's plea within a week.

The Division bench of Justice Ali Mohammad Magray and Justice Wasim Sadiq Nargal earlier this month on June 3rd 2022 had the stayed operation of a judgment passed by Justice Sanjeev Kumar, wherein he had directed authorities to exhume the body of Amir Latief Magrey one of the four persons killed in Hyderpora encounter in November last year. The single judge had also directed the authorities to pay a compensation of Rupees 5 Lakh if the body was highly putrefied and not in a state to be delivered back. The Single Judge had also directed the respondents to make appropriate arrangements for transportation of the dead body to the village of the petitioner in accordance with the religious beliefs of the deceased.

Aggrieved of the single bench order the UT administration had challenged the same before the division bench which as an interim relief had stayed the operation of the single bench judgement till next date of hearing.