The Jammu and Kashmir and Ladakh High Court Friday directed the UT administration to allow the family of Amir Magrey, the fourth person killed in Hyderpora killings, to perform Fatiha Khawani (religious rituals/prayers after burial) at his grave.
“The said right of burial and performance of last religious rituals of deceased available to the family members could not have been denied,” the court said.
The division bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani also upheld the the single bench direction to the extent of paying a compensation of Rs.5.00 Lakhs to the family, Live Law reported.
The High Court also observed that the government prima facie acted unfairly in the matter.
The bench was hearing UT’s appeal against the single judge order.
The High Court noted that Amir’s family sought permission to see his face by opening his grave. However, it refused to pass any order on this aspect, stating that Amir’s father had given up the prayer for exhumation of his son’s body for performance of last rituals and in any case, the dead body would have started decomposing immediately after the burial, Live Law reported.
23-year-old Amir was killed by government forces on 15 November last year in an alleged gunfight that broke out in the evening hours in Hyderpora Srinagar.
Four persons were killed in the encounter, police have claimed. A foreign militant called Hyder, a local Militant – Amir Ahmad Magray, a militant associate – Dr Mudasir Gul and Altaf Ahmad Bhat. But the families of the trio; Amir, Gul and Altaf had rejected the police claims that their kin’s were militant or had any links by any means.
Along with the two Srinagar families, the father of Amir says his son’s killing was a “conspiracy”. “A cold-blooded fake encounter.”
“I only want justice. I only want the body of my son. Whatever happens after that, I don’t care,” Muhammad Lateef Magray, Amir’s father earlier told Maktoob.