The Supreme court of India on Monday rejected the plea of Lateef Ahmed Magray seeking the exhumation of his son’s body to perform his last rites,
Lateef Ahmed Magray, the father of Amir Magray killed during a shootout in Hyderpora in November last year had approached the apex court demanding the returning of his son’s body to be able to perform his last rites.
Earlier in December, The father of Amir Magray, one of the four persons killed in a shootout in the Hyderpora area of Srinagar in November filed a petition in the Jammu Kashmir High Court seeking the return of the body of his son, maintaining his “innocence”.
Invoking Article 21 of the Constitution which extends the right to have decent burial as per religious ceremonies and rules, for his son, the petitioner said he has been instrumental in fighting and curbing militancy in Gool and Sangaldan area by working as a civilian volunteer with the Army.
Referring to the return of the bodies of two others, a building landlord and a doctor with whom Amir was working as an office peon on November 18, the petition pleaded the court to direct the respondents — Union Home Ministry, Jammu and Kashmir administration and Director General of Police — to hand over his body to the family.
“The magisterial probe was time bound and was supposed to submit its report within 15 days but despite passage of more than one month, no such report has been submitted so far,” the petition said.
The High court of Jammu Kashmir had ordered the Jammu Kashmir administration to allow the exhumation of the body of Amir Magray, killed in the Hyderpora “encounter” for Thursday. “His body should be exhumed and then transported to his hometown, If the body is decomposed, the administration must pay 5 lacs compensation to Amir’s family,” the High court ordered in May, however, the order was challenged by JK admin.