New Delhi, Sep 12 : The Supreme Court on Monday dismissed a request of father to surrender the body of his son who was killed in the Hyderpora incident in Kashmir in November last year.A bench consisting of Justices Surya Kant and J.B.Pardiwala stated that after burial, the remains should not be disturbed.the Jammu and Kashmir has submitted that the deceased was burial was done with respect and dignity and nothing to suggest that the body wasn’t given a proper burial.
The bench said that it is in accordance with the views of the father however the court is not able to decide on the basis of sentiments.
The relief granted by the Jammu and Kashmir High Court was fair and just and rejected the appeal brought by Mohammad Latief Magrey.
The supreme court ordered the state government to follow through with the directions of the high court in relation with the compensation for the family members and to allow them to pray in the cemetery.
In the hearing, the advocate for the Jammu and Kashmir administration had claimed that it was in disagreement that the deceased was a terrorist, and the CD presented to the high court proved that all Islamic funeral ceremonies were performed according to the book.
The J&K administration counsel said that, after eight months and the body has decomposed .Now exhuming the body could result in law-and order issues and he has lost his son, but he was an extremist.Jammu and Kashmir administration was represented by the stand counsel Taruna Ardhendumauli Prasad.
Magrey filed a petition with the apex court to challenge the Jammu and Kashmir high court order that did not permit the exhumation of the body of his son.There were four people killed in the incident which included Aamir Magrey on the outside of Srinagar on the 15th of November last year.The petition was filed by lawyer Nupur Kumar.
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