The High Court Wednesday asked the Ministry of Home Affairs, Government of India (GoI), and J&K government to respond to a plea by the father of Muhammad Amir Magray, one of the four persons killed on November 15 last year in the “Hyderpora encounter”, seeking the return of the body of his son for burial.
Seeking their response within two weeks, a bench of Justice Mohan Lal issued notice to the Ministry of Home Affairs, GoI, and J&K government through Principal Secretary Home, Director General of Police (DGP), and Inspector General of Police (IGP), Kashmir.
While Assistant Solicitor General of India (ASGI) T M Shamsi accepted notice on behalf of the Ministry of Home Affairs, GoI, Additional Advocate General Asifa Padroo waived the same on behalf of the J&K government.
Amir’s father Muhammad Latief Magrey has filed the petition through his lawyer Deepika Singh Rajawat and is seeking the intervention of the court for handing over the body of the late Magray.
The petitioner invokes Article 21 of the constitution with the contention that the same “extends the right to have a decent burial as per religious ceremonies and rules”.
The petitioner seeks directions for handing over his son’s body to the family.
The petitioner pleads that Amir had not been able to complete his studies due to his weak family background and financial problems.
“Therefore, he had gone to his sister in Kashmir who helped him get a job in Dr Mudasir’s clinic and he had been working there for the past few months,” he says.
The petitioner and his wife want the court intervention for their son’s fundamental right to have a decent burial as per religious rules.
They submit that they would never recover from the pain if not allowed.
The petitioner and his wife plead that they were not even given a chance to see their son’s face last time and they wish to bury their son close to their house so that in the future they get to visit his grave for prayers.
They submitted that Amir’s body needs to be exhumed at the earliest to avoid decomposition and the family would get emotionally traumatised if they see the decomposed body.