New Delhi, Aug 29 : The Supreme Court on Monday reserved its decision on a father’s request to conduct the last rites at the gravesite of his son who was killed in the Hyderpora incident in Srinagar in the month of November last year.Senior Advocate Anand Grover, representing Mohammad Latief Magrey has argued before a bench of Justices Surya Kant and J.B.Pardiwala that there isn’t a security or security issues and the father is seeking to exhume the body in order to perform the final rites at the burial location.
He pointed out that the father is entitled to conduct the rites and they are religious rites.He stressed that his client had backed the army and the government from the beginning.
Grover stressed that religious ceremonies cannot be manipulated by the state .He also cited the religious texts of Muslims to emphasize the necessity of performing the final rituals.He also stated that he has abandoned the need for participation from the community in the process because it could have caused security concerns.
Advocate Ardhendumauli Prasad, who represented the Jammu and Kashmir administration, said that it was in doubt that the terrorist was killed, and the CD presented to the supreme court proved that all Islamic funeral rites were carried out.
As Grover insists that his client would like to take the final rituals, Prasad contended: “We all witnessed what transpired in the case of the body being handed over some time ago .”.
He said that a large number of terrorists get killed in battles and are buried, and if the petition is approved by the apex courts, the court of appeals will be stuffed with requests to carry out funeral burials.
Prasad said that after 8 months had passedand the body will have decomposed.
Now exhuming the body could result in law and order issues and Magrey has lost his son, but he was an armed terrorist.
Following hearing the arguments in the case the highest court reserved its decision.
Jammu and Kashmir administration was also represented by the stand counsel Taruna Ardhendumauliprasad.
Magrey filed a petition with the apex court in opposition to the Jammu and Kashmir High Court order which denied the exhumation of the body of his son.
Four persons including Aamir Magrey were killed in the gun battle near the outside of Srinagar on the 15th of November last year.The petition was submitted by lawyer Nupur Kumar.
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