The Supreme Court on Monday dismissed a plea of a father to hand over the body of his son, who was killed in the Hyderpora encounter in Kashmir in November last year.
A bench comprising Justices Surya Kant and J.B. Pardiwala said once buried the body should not be disturbed and the Jammu and Kashmir has submitted that the deceased was buried with all honour, and nothing to indicate that the body was not given a decent burial.
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.
The top court directed the state government to comply with the high court direction in connection with the compensation to the family and also allow them to offer prayers at the grave.
During the hearing, the advocate representing the Jammu and Kashmir administration had submitted that it was not in dispute that the deceased was a terrorist and the CD submitted to the high court showed that all Islamic last rites were performed as per the book.
The J&K administration counsel 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 terrorist. Jammu and Kashmir administration was represented by standing counsel Taruna Ardhendumauli Prasad.
Magrey moved the apex court challenging the Jammu and Kashmir high court order, which did not allow exhumation of his son’s body. Four people were killed in the encounter, including Aamir Magrey, on the outskirts of Srinagar on November 15 last year. The petition was filed through advocate Nupur Kumar.