HC reserves order on exhumation of Magrey’s body

Excelsior Correspondent

Srinagar, June 29: High Court today reserved its orders on the plea of exhumation of the body of Amir Latief Magrey who was killed in an encounter in November 2021 after the Supreme Court asked it to consider either on Tuesday or within a week the plea of the deceased father.
The Supreme Court had asked the court to consider the plea of the father of the deceased who is seeking a direction to exhume the body of his son and to permit the family to conduct last religious rites at the same graveyard.
The Supreme Court took note of the submission of senior advocate Anand Grover, appearing for the father of the deceased, that he now does want to press for the first relief that the body be allowed to be exhumed for performing last religious rites at the family graveyard.
It is noted that the writ court had directed for handing over the body for last rites but the father of the deceased is prepared to go to the graveyard where his son is buried and remains will be exhumed and re-entered after performing the religious rites.
The bench of Supreme court after these submissions asked the high court to hear and decide the plea of Mohammad Latief Magrey (Father of the deceased) either on Tuesday or within a week thereafter.
It is noted that the Government moved an appeal against the writ court verdict and the division bench of high court stayed the directions of writ court after the Advocate General submitted before the bench that the handing over of dead body would create law and order position as also would be precedence in future also.
The writ court had clarified it that if the body is highly putrefied and is not in deliverable state or is likely to pose risk to public health and hygiene, then 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 where the deceased is buried at present.