Excelsior Correspondent
Srinagar, Jan 12: The High Court today sought response as well as objections to the plea seeking handing over the body of Mohammad Amir Magrey who was killed in an encounter in mid-November at Hyderpora area of district Budgam.
The father of the deceased Magrey through his counsel Deepika Singh Rajawat today submitted before the bench of Justice Mohan Lal Manhas that the body of his son be handed over to the family for final rites.
Advocate Rajawat informed the court that the matter be treated as urgent and direction be issued upon the authorities for handing over the body of deceased-Magrey to his family for his final rites.
She submitted before the bench that the delay in handing over the body in question would more traumatize the family members mentally as also it would not be feasible to delay in handing over the body to the family as per medically.
The bench after hearing the counsel for a while issued notice to the respondents which include the Ministry of Home Affairs, Government of India, Principal Secretary to Home Department J&K, Director General of Police J&K and Inspector General of Police J&K.
The notice, however, has been waived by the Home Ministry by Advocate Tahir Shamsi (ASGI) and for on behalf of the other officials notice was waived by the advocate Asifa Padroo (AAG) and sought some time for filing of objections to the instant plea. Court granted them 10 days time to file their objections.
It was also submitted by the advocate Rajawat that the magisterial probe has been ordered by the Government about the incident which took place on November 15 at Hyderpora and the probe was time bound and was supposed to be concluded with its report within 15 days but after the lapse of two months no such report has been submitted so far.
“Aggrieved of the delay in the submission of the enquiry report and return of body, the petitioner (father of deceased) met the Lt. Governor on December 7 to press for handing over of the body and making magisterial probe public, but since then two weeks have lapsed which compelled the petitioner to knock the doors of this court”, read the petition.
Petitioner-Magrey also questioned the missing CCTV footage from the encounter site, which as per the petitioner would have cleared the whole truth. He added that by not handing over the body of his deceased son, the authorities have violated his fundamental right to have a decent burial as per his religious rules and practices.
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