New Delhi: The Supreme Court on Monday dismissed a plea of a father to hand over the body of his son, who was killed in a military operation in Hyderpora area of Srinagar district in November 2021.
A bench comprising Justices Surya Kant and JB Pardiwala however directed the State to comply with the High Court’s direction to pay Rs 5 lakhs compensation to the family and also to allow them to have prayers at the grave site where the body of Magrey was buried by the officials.
Quoting a judgement by Justice JB Pardiwala, a report by LiveLaw said: “After a body has been buried, it is considered to be under the custody of law. The interment is under the law of court. Once buried a body should not be disturbed. A court will not order disinterment of the body unless it is shown that disinterment is in the interest of justice.”
The bench said it respects the sentiments of the father, but the court cannot decide matters on sentiments and the relief granted by the Jammu and Kashmir High Court was just and equitable and dismissed the appeal filed by Mohammad Latief Magrey.
During the hearing, the advocate representing the Jammu and Kashmir administration Taruna Ardhendumauli had submitted that it was not in dispute that the deceased was a ‘militant’ and the CD submitted to the high court showed that all Islamic last rites were performed as per the book, news agency IANS reported.
Ardhendumauli added that eight months have passed, the body would have decomposed and now exhuming the body will only lead to law-and-order problems, and he has lost his son but he was a ‘militant’.
Pertinently, four people were killed in the military operation, including Aamir Magrey, on the outskirts of Srinagar on November 15 last year. Police had said that four persons, including a Pakistani militant and his local associate, were killed in the military operation but the families of the three locals claimed that their kin were civilians.
The bodies of two Altaf Ahmed Dar and Mudasir Gul were exhumed and subsequently handed over to their families while the family of Amir has been demanding his body for a decent burial.