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Hyderpora encounter: HC declines prayer for exhumation, directs govt to allow fateha khawani

SRINAGAR: A division bench of Jammu & Kashmir High Court on Friday directed the authorities to allow family of Amir Magrey, who was killed in last year’s Hyderpora encounter, to perform Fateha Khawani of deceased at Wadder Payeen, Handwara but declined to accept the prayer for exhumation of his body in view of the giving up of the relief granted by a single bench by the family before the Supreme Court.

Division comprising Chief Justice and Judge Javid Iqbal Wani directed authorities to allow Lateef Magrey and his family members (maximum 10 persons) to perform Fateha Khawani (religious rituals/prayers after burial) of deceased at Wadder Payeen Graveyard, on the date and time to be decided in consultation with authorities, subject to taking into account security measures which may be required to be put in place inasmuch as the COVID-19 guidelines.

The Court also directed the appellants to pay compensation of Rs five lakh to the pay of Amir Magrey.

“It is made clear that the payment of said compensation by appellants to respondent no.1 shall not form a precedence for future in view of the fact that the said compensation stands awarded to the writ petitioner/respondent no.1 in view of the peculiar facts and circumstances of the instant case,” the Court said.

The Court said the prayer of counsel of Lateef Magrey that he and his family members be permitted to see the face of deceased by opening the grave of the deceased, cannot be accepted and permitted, firstly, in view of pleading of writ petitioner that the dead body would start decomposing immediately after burial, and secondly in view of the statement made by the writ petitioner before the Apex Court while giving up the prayer of exhumation—(KNO)


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