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The family of Amir Magrey, a resident of Ramban, who was killed in the Hyderpora encounter, will get a compensation of Rs 5 lakh. Along with this, 10 people including father Latif Magrey will also be allowed to visit his grave in Kupwara for Fatiha Khawani (Last Religious Prayer). However, the body will not be removed from the grave. The Jammu and Kashmir and Ladakh High Court on Friday gave these directions to the state government on the request of the Supreme Court.
Fatiha Khawani’s permission to 10 people including father
A division bench comprising Chief Justice Pankaj Mitthal and Justice Javed Iqbal Wani, while disposing of the state’s appeal against the single bench order following the Supreme Court’s request, refused to allow the family to see Amir’s face, saying that in this case, Covid Keeping in mind the rules, 10 people including the youth’s father Latif Magrey are allowed Fatiha Khawani.
Cannot be denied the right to last customs
After discussing with the family members, the administration will decide within a week on which day Fatiha Khawani will be held. The court said that after the death of a person, he cannot be denied the right to perform the last rituals. The court, in its 11-page order, said this arrangement should not be made a precedent for future.
Four people were killed in an encounter in Hyderpora
On June 29, the court had reserved the order after hearing Advocate General for Jammu and Kashmir DC Raina and advocate Deepika Singh Rajawat, appearing for Aamir’s father. It is to be known that in November last year, four people, including Amir Magrey, were killed in an encounter by the security forces in Hyderpora, Srinagar.
The police had claimed that all the four, including the businessman-owner of the building and the tenant of the premises where the encounter took place, were terrorists or overground workers. However, due to protests from families of those killed and political parties, the government returned the bodies of building owner Altaf Bhat and tenant Mudasir after three days.
Following this, Latif Magrey, father of Ramban resident Amir Magrey, had filed a writ petition seeking exhumation of his son’s body and also demanded that it be handed over to the family to perform the last rites in their native village. The single bench of the High Court accepted the petition and also paid a compensation of five lakh rupees. jnf
Hearing in the High Court on the request of the Supreme Court
The state government had filed a petition in the Supreme Court against the decision of the High Court. The court had asked for an appeal before a larger bench while staying the exhumation of the dead body. The division bench agreed with the submission of the counsel for the state government that excavation was not possible as the body would have started decomposing soon after burial.
After this the father of the deceased had dropped the petition before the Supreme Court to remove the dead body. After this, retired Supreme Court judges Surya Kant and JB Pardiwala urged the High Court to hear the matter.
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