The Supreme Court on Monday requested the High Court of Jammu and Kashmir and Ladakh to decide within one week the plea of Mohammed Latif Magrey to perform last rites as per religious practices of his son Amir Magrey, who was killed in Hyderpora Encounter in Srinagar in November 2021. He sought for performing the last rites at the graveyard where his son was buried by the police after the encounter killing.
A vacation bench of Justices Surya Kant and JB Pardiwala was considering a Special Leave Petition filed by Magrey challenging the order dated June 3, 2022 passed by High Court staying the exhumation of his son's body.
Before the Supreme Court, Senior Advocate Anand Grover, appearing for the petitioner, submitted that he was not pressing the relief for exhumation of body and was only pursuing the reliefs for performing last rites and compensation.
"I'll perform the religious rites itself and I have the right to perform the rites and not the state," Grover submitted. He also requested the bench to also consider the direction with regards to the compensation of Rs 5 lakh which was passed by the Single Judge.
Considering that the matter was listed to be heard by the Division Bench of the High Court on June 28, 2022, Justice Surya Kant, the presiding judge of the bench, said, "Tomorrow the matter is before the High Court. We'll direct the HC. We'll request the HC to consider your prayer of alternative relief tom or within 1 week. That much faith we have in the system."
The bench in the order said, "Counsel for the petitioner states that petitioner doesn't want to press the first relief for the exhumation of the body. He however wants to perform the last rites as per his religious practices at the graveyard where his son was buried. He also presses for alternative relief of compensation.Since the LPA is listed for hearing before Division Bench tomorrow, we dispose of this SLP without expressing any merits with request to the High Court to consider the alternative relief either tomorrow or within 1 week."
The petition was filed through AOR Nupur Kumar.
The Division bench of Justice Ali Mohammad Magray and Justice Wasim Sadiq Nargal stayed operation of judgment passed by Justice Sanjeev Kumar wherein he had directed the authorities to exhume the body of Amir Latif Magrey - one of the 4 persons killed in the controversial encounter- and had also directed for paying 5 lakhs to his father if the body was highly putrefied and not in a state of delivery.
The Single Judge had also directed the respondents to make appropriate arrangements for transportation of the dead body to the village of the petitioner for burial in his native graveyard in accordance with the traditions, religious obligations and religious faith which the deceased professed during his lifetime provided it is in deliverable state.
Case Title: Mohammad Latif Magrey v UT of J & K| SLP(C) No 10760/2022