Hyderpora encounter: HC upholds compensation to family of Amir Magray

“Appellants to allow respondent no.1 and his family members (maximum 10 persons) to perform Fatiha Khawani (religious rituals/prayers after burial) of deceased at Wadder Payeen Graveyard, on the date and time to be decided in consultation with respondent no.1, subject to taking into account security measures which may be required to be put in place inasmuch as the COVID-19 guidelines,” reads the judgement.

Newsletter | Click to get the day’s best explainers in your inbox

The court, however, refused to allow the exhumation of Magray’s body or allow his family to open the grave to see his face. “In view of giving up of the relief of exhumation of the body of the deceased for performance of last rituals by writ petitioner/respondent no.1 before the Apex Court inasmuch as in view of uncontroverted/ unopposed stand taken by appellants before the Writ Court, that last rites of deceased stand already performed while burying deceased at Wadder Payeen Graveyard, the contention of the counsel for respondent no.1 in fact pales into insignificance and is not acceptable,” read the order.

On May 27, a single bench of J&K High court comprising of Justice Sanjeev Kumar had directed the government to exhume the body of Magray and hand it over to the family for burial at their local graveyard. The decision was challenged by the state before a division bench and on June 4.

Magray, a resident of Ramban in Jammu was killed in an alleged gunfight at Hyderpora, Srinagar in November last year. While the bodies of two civilians – Dr Mudasir Gul and businessman Altaf Ahmad Bhat – were exhumed after protests from their families, police refused to exhume Magray’s body saying he was a militant. Magray’s family denied police’s claim.