Jammu & Kashmir

Hyderpora civilian killings: HC refuses permission for exhumation of Amir Magrey’s body

Family members of Amir Magray from Ramban wailing over his killing. Amir was killed in a military operation in Hyderpora on November 16, 2021. [FPK Photo/Mukhtar Zahoor]

Srinagar: A division bench of Jammu and Kashmir High Court on Friday directed the authorities to allow the family of Amir Magrey, who was killed in last year’s Hyderpora military operation, to perform Fateha Khawani of the deceased at Wadder Payeen, Handwara but declined to accept the prayer for the exhumation of his body in view of the giving up of the relief granted by a single bench by the family before the Supreme Court.

Division comprising Chief Justice and Judge Javid Iqbal Wani directed authorities to allow Lateef Magrey and his family members (maximum 10 persons) to perform Fateha Khawani (religious rituals/prayers after burial) of the deceased at Wadder Payeen Graveyard, on the date and time to be decided in consultation with authorities, subject to taking into account security measures which may be required to be put in place in as much as the COVID guidelines.

The Court also directed the appellants to pay compensation of Rs five lakh to the pay of Amir Magrey.

“It is made clear that the payment of said compensation by appellants to respondent no 1 shall not form a precedence for future in view of the fact that the said compensation stands awarded to the writ petitioner/respondent no 1 in view of the peculiar facts and circumstances of the instant case,” the Court said.

The Court said the prayer of counsel of Lateef Magrey that he and his family members be permitted to see the face of the deceased by opening the grave of the deceased, cannot be accepted and permitted, firstly, in view of the pleading of the writ petitioner that the dead body would start decomposing immediately after burial, and secondly in view of the statement made by the writ petitioner before the Apex Court while giving up the prayer of exhumation. (KNO)

 

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