[Hyderpora Encounter] Exhume body of Amir Magrey; pay ₹5 lakh to father if body putrefied: Jammu and Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh on Friday ordered the Central government authorities to exhume the body of Amir Magrey, one of the four persons killed in the Hyderpora encounter in a joint operation by police and security forces last year [Mohammad Latief Magrey V/s Union of India and Ors]..Single-judge Justice Sanjeev Kumar allowed a petition filed by Magrey's father, Mohammad Latief Magrey seeking directions to the government authorities to exhume his son's body to transport it to his village for burial in his native graveyard in accordance with the traditions, religious obligations and religious faith which the deceased had professed during his life time.The Court said that the right to life as guaranteed by Article 21 of the Constitution of India includes right to live with human dignity and decency and would extend to treat the dead body of a deceased person with respect."Without dilating much on the issue, it can be said to be well settled that right to life and liberty guaranteed to a citizen by Article 21 of the Constitution of India includes right of the citizen to live with human dignity and this right to live with human dignity even extends after death though in a limited extent," the judgment said. .The Court directed respondents to make arrangements for exhumation of the body/remains of the deceased from the Wadder Payeen graveyard in the presence of petitioner, which was denied earlier by the authorities."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," the Court added. Pertinently, the Court directed that in such a situation, i.e. if the body is putrefied and not in a deliverable state, the government should pay to the petitioner compensation of ₹5 lakh for deprivation of his right to have the dead body of his son. .The Court further directed the respondents to make appropriate arrangements for transportation of the dead body to the village of the petitioner for according burial in his native graveyard. .Four people were killed in Jammu and Kashmir's Hyderpora in a joint operation by police and security forces on November 15, 2021. .While the police claimed that two of them (one being Magrey) were militants and two others "over ground workers", the families of the deceased disputed the same and claimed that they were innocent. After protests by the families and a public outcry, Jammu and Kashmir Lieutenant Governor Manoj Sinha ordered a magisterial inquiry into the incident on November 18.The plea filed by Magrey's father prayed that the body of his son be handed over to him so that he can give Magrey a decent burial.The father submitted that he wishes to bury Magrey close to his house so that he can visit the grave for prayers."I wish to bury my son close to my house," the petition had said.According to the plea, on November 18, the respondents had exhumed bodies of two of the deceased Dr. Mudassir Gul and Altaf Bhat and handed over the same to their families.Yet, they remained tight-lipped over the remains of Amir Magrey and categorically refused to handover the same to the petitioner..The petition filed through advocate Deepika Singh Rajawat stated that the right to life includes the right to live with human dignity, and such dignity and respect apply to dead bodies as well..The High Court said that the right of the next of the kin of the deceased to have their dear one cremated or buried as per the religious obligations and religious belief that the dead professed during his life time, is part and parcel of right to life guaranteed under Article 21 of the Constitution of India."The parents and close relations of the deceased are well within their right to demand the dead body of their dear one to be cremated or buried as per their traditions, religious obligations and religious belief. This right would also include the choice of the relatives to have the dead body cremated or buried at his native place," the judgment said. .The decision of the respondents to disallow the petitioner to take away dead body of his son to his native village for last rites was per-se arbitrary and falls foul of Article 14 of the Constitution of India, the Court added.