by Shakir Ashraf

SRINAGAR:  On Thursday, Lateef Magray, father of Amir Magray, who was killed in the Hyderpora encounter has filed a petition in the Jammu and Kashmir High Court seeking the return of his son’s mortal remains.

The family has filed a petition two days after the special investigation team (SIT) of the Jammu and Kashmir Police, probing the Hyderpora encounter said that one civilian was killed by a foreign militant, two others, including a local “militant” (Magray), died in the crossfire after being used as a human shield by the hiding militants.

The 18-page petition was filed by Amir’s father through his lawyers Deepika Singh Rajawat and Mohammad Arshad Chowdhary.

The petition reads that “the petitioner is broken after the killing of his son and is aggrieved of the respondents not handing over his son’s remains for his decent burial as per the religious rules and practice”

The petitioner has also filed the writ petition by invoking Article21 of the constitution of India, which extends the right to have decent burial as per religious ceremonies and rules to his son Amir Magray after his death.

“On August 6, 2005,  the petitioner along with his wife and other family members killed a Lashkar-e-Taiba (LeT) militant who barged into his house and fired indiscriminately and killed his cousin brother,” the petition reads.

The petition reads that “the petitioner was conferred the State Award for Bravery for the year 2012 by the Government of Jammu and Kashmir for showing exemplary courage despite being injured in the firing.”

“The entire family of the petitioner was associated with Indian Army and other security agencies, instrumental in the elimination of militants,” it adds.

“We have filed the petition for the return of Amir Magrays body. It is the fundamental right of Magray even after his death to have a decent burial which comes under Article 21 of the Indian constitution,” said Advocate Deepika Singh Rajawat. ”As per rule, the person’s right extends even after death, whether it is decent burial or decent cremation, so officials should not have a problem in handing over the body of Magray.”

An ‘Encounter’

“Dr Gul and Amir both are alleged but Mudasirs body was returned but not Amir’s. Is it because Amir’s family belongs to a restricted area, they don’t have anyone to speak on their behalf,” said Rajawat.

Pertinent to mention that Jammu and Kashmir police on Thursday said that apart from a foreign militant, a local youth from Jammu had been staying with the foreigner for a long time, while both were in the room of Dr Mudasir Gul.

Police said that the local youth Amir Magray was a Militant and had lied about the presence of foreign militants in the building.

The SIT citing the investigation report said that a foreign militant alongside youth from Ramban had been staying and using the office chamber of Dr  Mudasir Gul as a “hideout”, to carry out their activities, including the Jamalatta attack in Safakadal.


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