The Supreme Court on Monday reserved its order on a father’s plea to perform last rites, at the burial site, of his son, who was killed in the Hyderpora encounter in Srinagar in November last year.
Senior advocate Anand Grover, representing Mohammad Latief Magrey, submitted before a bench of Justices Surya Kant and J.B. Pardiwala that there is no threat to security or security concerns and the father wants to exhume the body to perform the last rites at the burial site.
He stressed that the father has the right to perform the rites and these are religious rites and pointed out that his client had supported the government and the army from the beginning.
Grover emphasised that religious rites cannot be usurped by the state and cited religious texts of Muslims to impress upon the need for performing the last rites. He added that he has given up the need for community participation in the process as it may have led to security concerns.
Advocate Ardhendumauli Prasad, representing the Jammu and Kashmir administration, submitted that it was not in dispute that the victim was a terrorist and the CD submitted to the high court showed that all Islamic last rites were performed.
As Grover insisted that his client want to perform the last rites, Prasad contended: “We all saw what happened when the body was given a few years back…”.
He added that large number of terrorists are killed in encounters and buried, and if this petition is entertained by the apex court, then the high court will be filled with such petitions seeking to perform last rites.
Prasad said 8 months have passed, the body would have decomposed and now exhuming the body will only lead to law and order problems, and Magrey has lost his son but he was a terrorist.
After hearing arguments in the matter, the top court reserved its order.
Jammu and Kashmir administration was also represented by standing counsel Taruna Ardhendumauli Prasad.
Magrey moved the apex court challenging the Jammu and Kashmir High Court order, which did not allow exhumation of his son’s body.
Four people, including Aamir Magrey, were killed in the encounter on the outskirts of Srinagar on November 15 last year. The petition was filed through advocate Nupur Kumar.