Excelsior Correspondent
Srinagar, June 3 : The division bench of High Court today stayed its order on handing over a dead body to its kins who was killed last year in Hyderpora encounter.
The Division Bench of Justice Ali Mohammad Magrey and Justice Waseem Nargal stayed the order of single bench on handing of dead body of a person who was killed in Hyderpora encounter.
”Having heard the learned Counsel for the parties, perused the pleadings on record and after considering the matter, we feel that this matter
requires a final decision from this Court after hearing all parties concerned.”
The court has issued notices to Government and the petitioner.
“Meanwhile, till the next date of hearing before the Bench, the
operation of the impugned Judgment shall stay,” the Court said.
The authorities have moved an appeal against the verdict of a single judge whereby they were directed to handover the dead body of Mohammad Amir Magrey who was killed in Hyderpora encounter last year to its kins and also for providing Rs 5.00 Lakhs as compensation.
The father of the deceased-Mohammad Amir Magrey had approached the court seeking the body of his son be handed over to his family for last rituals. Deceased Magrey was killed in an encounter last year at Hyderpora area of district Budgam.
The counsel appearing for the victim family submitted that earlier one body who also got killed has been handed over to the family and there was no law and order position as such the victim family does not want compensation and they only want the dead body of their son. The father of the deceased Magrey through his counsel Deepika Singh Rajawat submitted before the bench that the body of his son be handed over to the family for final rituals.
It was argued 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 counsels for both the parties reserved its orders on appeal. The writ court has clarified that if 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.
Follow our WhatsApp channel