• About Us
  • Contact Us
  • Our Team
  • Advertising
  • Privacy Policy
  • Terms of Service
Wednesday, July 9, 2025
Lake City Times
No Result
View All Result
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper
No Result
View All Result
Lake City News
No Result
View All Result
Home Top News

Hyderpora encounter: HC stays exhumation of Amir’s body

LCT Desk by LCT Desk
June 4, 2022
in Top News
Reading Time: 3min read
A A
Share on FacebookShare on TwitterWhatsappTelegram

READ ALSO

J&K people know their future lies with India: Lt Governor

Pahalgam terror attack painful, need to forget it, move forward: Shekhawat

Srinagar, Jun 3: The High Court of J&K and Ladakh on Friday stayed its single bench verdict regarding exhumation of body exhumation of Amir Latief Magrey, one of the four persons killed in an “encounter” at Hyderpora area of Srinagar last year.
“Meanwhile, till the next date of hearing before the Bench, the operation of the impugned Judgment shall stay,” said a Division Bench of Justice Ali Mohammad Magrey and Justice Wasim Sadiq Nargal after hearing Advocate General D C Raina for J&K government and counsel for Amir’s father advocate Deepika Singh Rajawat, who was on caveat and appeared through virtual mode from Jammu.
The Division Bench asked advocate Rajawat to file response to the appeal filed by the government while it posted the case for further consideration on June 28.
“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 division bench said in an order, a copy of which lies with GNS. Subsequently it issued notice to Amir’s father for response by June 28.
“Meanwhile, till the next date of hearing before the Bench, the operation of the impugned Judgment shall stay”.
The court’s order followed submissions by the Advocate General the relief granted by the Single Judge could not have been granted “in terms of the Medical Science Analysis of the dead body which envisages that the dead body gets putrefied only after a period of one month.”
Advocate Rajawat submitted that the family demands mortal remains which she said is the constitutional right as rightly held by the Single bench of the court.
On May 27 last, the single bench of the court had asked the government to make appropriate arrangements for transportation of Amir’s body to native village of Thatharka Seripora in Tehsil Gool area of Ramban district with “promptitude and without wasting any further time.”
“(The) respondents (officials) are (directed) to make arrangements for exhumation of the body/remains of the deceased Amir Latief Magrey from the Wadder Payeen graveyard (in Kupwara district) in presence of the petitioner (Amir’s father),” the court had said as per GNS and asked the government to make appropriate arrangement for transportation of the body to his native village for burial “in accordance with the traditions, religious obligations and religious faith which the deceased professed during his life time, provided it is in deliverable state.”
However, the court had left the government free to impose any “reasonable terms and conditions” regarding exhumation, transportation and burial of the body.
“Since the body must be in advance stage of putrefaction, as such, it would be desirable that the respondents (officials) act with promptitude and do not waste any further time,” the court had said, adding, “However, 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 (Amir’s father) 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 court said, the State shall pay to Amir’s father a compensation of Rs. 5 lakhs for “deprivation of his right to have the dead 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 has held that the right of the next of kin of the deceased to have their dear one cremated or buried as per the religious obligations and religious belief was part and parcel of right to life guaranteed under Article 21 of the Constitution of India.
Rejecting the government’s contention that the decision not to hand over the body was taken in the “larger public interest and to prevent the situation of law and order going out of hand”, the court termed it “arbitrary” and against Article 14 of the Constitution of India (equality before law). (GNS)

Related Posts

Top News

J&K people know their future lies with India: Lt Governor

July 9, 2025
J&K people know their future lies with India: Lt Governor

Peerzadah Ummer Srinagar, Jul 8: Asserting that people of Jammu and Kashmir have realized that their future is secure with...

Read more
by LCT Desk
0 Comments
Top News

Pahalgam terror attack painful, need to forget it, move forward: Shekhawat

July 9, 2025
Pahalgam terror attack painful, need to forget it, move forward: Shekhawat

Rehan Qayoom Mir Srinagar, Jul 9: Union Minister for Culture and Tourism, Gajendra Singh Shekhawat, on Tuesday termed the April...

Read more
by LCT Desk
0 Comments
Top News

Omar to visit West Bengal for tourism promotion

July 9, 2025
After Pahalgam attack Kashmiri people came on streets to show their anger: CM

Srinagar, Jul 8: Chief Minister Omar Abdullah is set to visit West Bengal to participate in a tourism-related event and...

Read more
by LCT Desk
0 Comments
Top News

UT framework restricts development funding across J&K projects: Dy CM

July 9, 2025
Vande Bharat train set to increase tourist footfall, benefit all: Dy CM

Sajid Raina Srinagar, Jul 8: Deputy Chief Minister Surinder Choudhary on Tuesday said the elected government is committed to addressing...

Read more
by LCT Desk
0 Comments
Top News

HCI opens application process for Hajj 2026

July 9, 2025
Hajj 2023 to be cheaper by 80k, each pilgrim to pay Rs 3.80 lakh

Rehan Qayoom Mir Srinagar, Jul 8: The Haj Committee of India (HCI) has started accepting online applications for Haj-2026 and...

Read more
by LCT Desk
0 Comments
Top News

Amarnath Yatra crosses 1.11 lakh mark in 6 days

July 9, 2025
Amarnath Yatra completes one month

Umaisar Gull Ganie Srinagar, Jul 8: The annual Amarnath Yatra continues to witness a massive rush of devotees as over...

Read more
by LCT Desk
0 Comments
Next Post
Army’s Northern Command organises ‘Strategic Conclave’

Army's Northern Command organises ‘Strategic Conclave’

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • About Us
  • Contact Us
  • Our Team
  • Advertising
  • Privacy Policy
  • Terms of Service

© 2021 Lake City Times - Premium theme by GITS.

No Result
View All Result
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper

© 2021 Lake City Times - Premium theme by GITS.