SRINAGAR: Dismissing the father’s petition seeking his slain son’s body, the Supreme Court said the state authorities have given a decent burial to Aamir Magrey, who was killed in Hydepora encounter.
A division bench comprising justices Surya Kant and JB Pardiwala, however, upheled the High Court direction that the family be paid Rs 5 lakh compensation and allow them to have prayers at the grave site.
“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,” Justice JB Pardiwala read out from the judgment. “A court will not order disinterment of body unless it is shown that disinterment is in the interest of justice.”
The bench, judicial website LiveLaw reported, noted that the State has filed an affidavit stating that the body was buried after performing the last rites, including the washing of the body and its shrouding as per the religious practice. There was nothing to show that the deceased was not given a decent burial.
“We as a court of law respect the emotions and sentiments of the appellant as the father, however, the court of law should not decide the rights of parties considering the sentiments, but in accordance with law”, the bench stated it the judgment.
The petition was filed by Mohammed Latif Magrey seeking the body of his son Amir Magrey, who was killed in Hyderpora encounter in Srinagar in November 2021. The petitioner has denied his father was a militant and asserted his innocence.
