Supreme Court Dismissed The Petition Of Terrorist’s Father
Supreme Court dismissed the petition of the terrorist Amir Magrey’s father.
The family will not get the terrorist’s body, so the Supreme Court dismissed the petition to remove the body from the grave for the last rites
The Supreme Court has rejected the demand to take out the body of terrorist Amir Magrey, who was killed in an encounter with security forces in Hyderpora, Jammu, and Kashmir.
Aamir’s father Latif had filed a petition seeking permission to exhume his son’s body for a formal funeral.
On Monday, a bench of Justice Surya Kant and Justice BS Pardiwala said that the dismemberment of the dead body cannot be ordered unless it is seen that it is serving the interest of justice.
Amir was killed in an encounter with two accomplices in November 2021.
A bench of Justice Surya Kant and Justice JB Pardiwala said that once the body is buried, the body should not be removed from the grave.
According to the information received from Jammu and Kashmir, the deceased has been buried with full law and order.
The court said that the fact that the body of the deceased has not been buried properly is completely wrong.
The bench said that we respect the feelings of the father, but the court cannot decide the cases on the basis of feelings. The decision of the Jammu and Kashmir High Court is just.
The Court dismissed the appeal filed by Mohammad Latif Magrey.
The top court directed the state government to comply with the High Court’s direction regarding compensation to the family and also allow them to offer prayers at the grave.
During the hearing, the counsel representing the Jammu and Kashmir administration submitted that the deceased was a terrorist.
His last rites were performed according to Islamic customs.
The counsel for the Jammu and Kashmir administration said that eight months had passed, the body would have decomposed and now removing the body would create a law and order problem.
Advocate Taruna Ardhendumouli Prasad was present on behalf of the Jammu and Kashmir administration.
Magrey had moved the apex court challenging the order of the Jammu and Kashmir High Court, which did not allow his son’s body to be exhumed.
On November 15 last year, four people, including Amir Magrey, were killed in an encounter on the outskirts of Srinagar. The petition was filed through advocate Nupur Kumar.
