Hyderpora Encounter: Father files Petition seeking son’s body to perform final rites

hyderpora encounter LAW INSIDER

Mitali Palnitkar

Published On: December 31, 2021 at 13:25 IST

On December 30, 2021, the father of Muhammad Amir Magray who was one of the three persons killed in the Hyderpora Encounter approached the High Court of Jammu and Kashmir seeking his son’s body for performing final rites.

Amir’s father disputed the claim of Police that Amir was associated with the militants. He filed the Petition two days after Amir was Accused of being a “militant associate” by the Special Investigation Team (SIT). Amir was Alleged to have ferried a foreign (Pakistani) militant to the Old City. The foreign militant was also killed in the Encounter. In the Hyderpora Operation, three locals and one non-local were killed in Srinagar on November 15, 16.

The Plea stated, “The Petitioner and his wife request the Court to come to the rescue of their son’s Fundamental Right to have decent burial as per religious rules. If not done, they will never recover from the pain. They have not even given a chance to see his face last time. They wish to bury their son close to their house so that in the future he gets to visit his grave for prayers.”

In the Petition, the Victim’s father stated that his family had been associated with the Indian Army and other security agencies. They had also eliminated militants from Gool, Sangaldan and Ramban. The family had also been vulnerable to attacks due to the open support to the Indian Army.

The Petition also stated, “It is obvious that Amir was groomed in an atmosphere of patriotism and away from anti-national activities and forces. So, associating Amir with Terrorism is not justified to any stretch of imagination and will also discourage all those who hold India close to their hearts and are fighting Terrorism in a difficult situation in Jammu and Kashmir, without caring for their lives and families.”

The Victim’s father informed the Court that Amir had not been able to complete his studies due to weak family background and financial problems. Therefore, he had gone to his sister in Kashmir who helped him get a job in Dr Mudasir’s clinic and he had been working there for last few months.

Advocate Deepika Singh Rajawat filed the Petition and pleaded to invoke Article 21 which extends the Right to have a decent burial as per religious ceremonies and rules.

Ms. Rajawat stated that Amir’s body needs to be exhumed at the earliest to avoid decomposition and the family would get emotionally traumatized if they see the decomposed body.

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