Exhumation


15.11.2021

There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard.

Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022:

When dead bodies of  Altaf Ahmad Bhat and Dr. Mudasir Gul were exhumed, it is not difficult to make necessary arrangements for exhumation of the dead body of Amir Latief Magrey and transport the same in proper escort to Gool, District: Ramban.

Hon’ble Chief Justice Pankaj Mithal and Hon’ble Justice Javed Iqbal Wani, High Court of Jammu & Kashmir & Ladakh, 01.07.2022:

The prayer to see the face of deceased by opening the grave cannot be accepted and permitted. To pay compensation of Rs. 5 Lakhs awarded by Writ Court.

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Exhumation is controversial and is generally regarded as a forbidden or sacrilegious act. Union of India may consider enacting an appropriate legislation.

It is evident, religious rights of every person and every religion are subject to ‘public order’. If the body is found to be highly putrefied then it may pose a risk to ‘public health and hygiene’. Almost 9 months have passed post burial which is suggestive. It will be too much at this stage to disinter.

These are all very sensitive matters involving ‘security of nation’ and as far as possible Court should not interfere unless substantial & grave injustice has been done. We are convinced, the body was buried with dignity – with all honour.

– Hon’ble Justice J.B. Pardiwala, Mohammad Latief Magrey v. Union Territory of Jammu and Kashmir, [Civil Appeal No. 6544 of 2022] decided on 12.09.2022.

Hyder



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