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This is an archive article published on June 24, 2022

Hyderpora encounter: SC to hear plea of man seeking exhumation of son’s body

Grover sought urgent listing of the plea, saying that with every passing day, it would get more difficult to exhume the body and that he has several judgements of the top court in his favour.

On June 3, a division bench of the High Court of Jammu and Kashmir and Ladakh stayed the single bench order for exhuming the body of Aamir Magrey and handing it to his family for last rites. (File)
On June 3, a division bench of the High Court of Jammu and Kashmir and Ladakh stayed the single bench order for exhuming the body of Aamir Magrey and handing it to his family for last rites. (File)

The Supreme Court will on June 27 hear a plea by a man seeking directions to exhume the body of his son who was killed in an encounter with police in Hyderpora in Kashmir in November 2021.

The plea by Mohammad Latief Magrey challenges the June 3 order of a division bench of the Jammu and Kashmir High Court.

Appearing for Magrey, senior advovate Anand Grover told a vacation bench of justices CT Ravi Kumar and Sudhanshu Dhulia that a single judge bench of the HC had allowed exhuming the remains of Amir Magrey but this was stayed by the division bench.

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The counsel submitted that the family wanted to perform the last rites of the deceased.

Seeking urgent listing, he said it would become more difficult to exhume the remains with each passing day.

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The single judge had on May 27 asked the Jammu and Kashmir authorities to take out the remains in the presence of Latief Magrey. The court, however, added that 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 beliefs in the… graveyard itself” and pay the petitioner Rs 5 lakh to compensate the deprivation of his rights.

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Four people were killed in the encounter on the outskirts of Srinagar on November 15, 2021.

Four people were killed in the encounter in Hyderpora, Srinagar, and buried quickly by police in Handwara, 70 km away. Family members of three of them (one was allegedly a Pakistani) contested police claims that they were either militants or had militant links.

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