Jammu and Kashmir High Court directed the administration to exhume the body of Amir Magray
The Jammu and Kashmir High Court today directed the Union Territory's administration to exhume the body of Amir Magray more than six months after he and three others were killed in a controversial encounter at Hyderpora in Srinagar.
The police had refused to hand over the body of Amir Magray to his father Latief Magray, a known anti-terrorism activist in Jammu and Kashmir's Ramban district.
Police had said that Amir Magray was a close aide of a Pakistani terrorist - and his activities showed that he too was a terrorist and like any other terrorist his body was not given to his family for last rites.
A bench of Justice Sanjeev Kumar today directed the government to exhume the body and arrange for transportation to the village in Ramban district.
After the encounter at Hyderpora in November 2021, the families of the men had alleged they were killed in a staged encounter by the security forces.
Amir Magray worked at the office of Dr Mudasir, a dental surgeon who was also killed in the encounter. Altaf Bhat, a businessman and owner of the building where the encounter took place, was killed too.
The bodies of the doctor and the businessman were exhumed and handed over to their families for last rites after massive protests.
A Special Investigation Team, or SIT, headed by a Deputy Inspector General of Police to probe the controversial encounter cleared the security forces of any wrongdoing. The SIT concluded that two civilians, a doctor and a businessman, were either used as human shields by terrorists or killed by terrorists during the encounter.
The SIT chief Sujit Kumar had said that Amir Magray was a close aide of a Pakistani terrorist and his activities showed that he, too, was a terrorist. Among the allegations against Amir Magray and his activities that Mr Kumar believed was pertinent was this: "Amir was frequently visiting Bandipora district and had also started smoking."
Quoting teachers of a seminary in Bandipore, the SIT chief said Amir Magray's behaviour had changed and he was not punctual in namaz, or prayers offered five times a day by Muslims.
Amir Magray is the son of anti-terror activist in Ramban district. Mohammad Latief Magray, who claims his son was innocent, had filed a petition in the Jammu and Kashmir High Court seeking the return of his son's body. He also met with Jammu and Kashmir Lieutenant Governor Manoj Sinha demanding the body of his son for last rites.
The SIT chief had said Amir Magray was initially let go after searches during the anti- terrorist operation at Hyderpora, but he didn't leave even after he left the building and waited at in a nearby hospital before he was called back to the encounter site.
The court has said that in case the body is "highly putrefied and is not in deliverable state or is likely to pose risk to public health and hygiene, the petitioner and his close relatives shall be allowed to perform last rites as per their tradition and religious belief in the Wadder Payeen graveyard itself."
"In that situation, the state shall pay to the petitioner a compensation of Rs 5 lakh for deprivation of his right to have the body of his son and give him decent burial as per family traditions, religious obligations and faith which the deceased professed when he was alive," the court said.