Excelsior Correspondent
Srinagar, May 27: High Court today directed the authorities to handover the body of the man who was killed in Hyderpora encounter last year if the same has not decomposed or provide the Rs 5.00 Lakhs to the next of the deceased 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 father of the deceased Magrey through his counsel Deepika Singh Rajawat submitted before Justice Sanjeev Kumar that the body of his son be handed over to the family for final rituals.
The court after hearing the parties in detail directed that the body of the deceased be handed over to his family for last rituals. Court qualified that in case the body is decayed and is not in a position for exhumation, then the authorities will pay an amount of Rs 5.00 lakhs to the next kins of the family as compensation.
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 passed these directions. The Union counsel however, in opposing the handing over of the body of the deceased to the family would submit that it is not possible for the authorities to hand over the same as the body would not be in such a position after a lapse of more than six months.
Justice Kumar inclined to allow the petition of the father of the deceased Amir Latief Magrey and direct the respondents to make arrangements for exhumation of the body and remains of the deceased from the Wadder Payeen graveyard in presence of the petitioner and shall also make appropriate arrangement for transportation of the dead body to the village of the petitioner for according burial in his native graveyard in accordance with the traditions, religious obligations and religious faith which the deceased professed during his life time provided it is in deliverable state.
“The respondents are free to impose any reasonable terms and conditions in respect of exhumation, transportation and burial of the dead body of Amir Latief Magrey, the son of the petitioner. Since the dead body of the deceased must be in advance stage of putrefaction, as such, it would be desirable that the respondents act with promptitude and do not waste any further time”, Court added.
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 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 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.
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