The discovery of the body of a man killed during the 2021 Hyderpora encounter has been stayed by a bench of the J&K High Court, but lawyers for the victim’s family – who want the body to be buried in their hometown – say that the hearing was held ‘arbitrarily’
The discovery of the body of a man killed during the 2021 Hyderpora encounter has been stayed by a bench of the J&K High Court, but lawyers for the victim’s family – who want the body to be buried in their hometown – say that the hearing was held ‘arbitrarily’
The division bench of the Jammu and Kashmir High Court has stayed this old order of single bench On excavation of the body of Amir Latif Magrey, one of the four killed During the encounter in Hyderpora, Srinagar area on 15 November last year. However, counsel for the victim’s family, Deepika Singh Rajawat, said the court hearing on Friday was “arbitrary”, where the stay order was issued on the last day of the court’s holiday.
A division bench of Justice Ali Muhammad Magrey and Justice Wasim Sadiq Nargal decided to stay the “operation of a judgment dated May 27, 2022” where the authorities were directed to exhume Mr Magrey’s body from Ramban in Jammu and hand it over was. To bury the family in their hometown.
J&K Advocate General DC Raina argued that the relief granted by the Single Bench could not have been granted in terms of medical scientific analysis of the dead body, which envisages that the body decomposes only after a period of one month.
The fresh order was issued on the last day of the holiday, as the Jammu and Kashmir High Court is closing till June 28.
‘Short notice,’ says lawyer
“The hearing was conducted arbitrarily. I was put on short notice. I was traveling in the hills and was not wearing my obligatory black gown. Neither the case worked for me nor the appeal filed by the government. I brought all these things to the notice of the court but still the hearing took place,” said advocate Rajawat Hindu.
“I still argued for Magrey’s father’s rights to his son’s remains,” she said.
The High Court had on May 27 allowed Magrey’s family to exhume the body from Baramulla in north Kashmir for burial at their native place in Ramban in Jammu region.
Article 21 extends after death, says judge
Justice Sanjeev said, “The right to life and liberty guaranteed to a citizen by Article 21 of the Constitution of India includes the right of a citizen to live with human dignity and this right to live with human dignity to a limited extent even after death.” Is.” Kumar saw it.
The court had directed the Jammu and Kashmir authorities to make necessary arrangements for exhumation of Mr Magrey’s body and transport it under proper escort to Thatharka village in Gool tehsil of Ramban.
Four people were killed during an encounter at Hyderpora in Srinagar on November 14 and 15, 2021. The police then claimed that two terrorists (including Mr Magrey), a ground worker and a civilian were killed in the encounter. However, the families opposed the police’s claim and called Altaf Ahmed Bhat and Dr. Mudasir Gul as citizens. In protest against the protests, the bodies of Bhat and Dr Gul were handed over to their families.