Hyderpora Encounter: HC issues notice on petition seeking return of victim’s body
Srinagar: The High Court on Tuesday sought response and objections from the government on a petition by MohdLatief seeking the dead body of his son, Mohammad Amir Marey, killed in an encounter in November 2021 in the city outskirts at Hyderpora.
Latief had filed a writ petition after the government declined to hand over the dead body of his slain son Amir. As the case came up for hearing today the court directed the respondents including the Union of India, through the Ministry of Home Affairs, J&K UT administration through Principal Secretary Home, J&K Director General of Police and Senior Superintendent of Police Budgam to respond.
The court has given 10 days’ time to the respondents and set January 27 as the next date for hearing for the case.
The lawyer representing the petitioner submitted before the bench that the delay in handing over the body in question would more traumatize the family members mentally besides the delayed exhumation for handing over the body would not be appropriate medically.
The bench after hearing the counsel issued notice to the respondents including the Ministry of Home Affairs, Government of India, and top officers in the civil and police department of the UT.
The notice was waived by the assistant solicitor general of India and the additional advocate general of India in the court during the hearing of the case.
Both sought some time for filing objections on the instant plea and the court granted them 10 days for the purpose.
Latief the father of Amir Magray, who was one of the four persons killed in the encounter in Hyderpora area of Srinagar said in his petition “Article 21 of the Constitution of India, which extends right to have decent burial as per religious ceremonies and rules to his son even after his death”.
It further read “Amir was groomed in an atmosphere of patriotism and away from anti-national activities and forces, thereby associating Amir with terrorism is not justified to any stretch of imagination”.
Meanwhile, Latief’s lawyer Deepika Singh Rajawat told PTI that the petition came up for hearing in the Srinagar-wing of the high court before a single bench headed by Justice Mohan Lal who issued a notice to the Union of India and others to file their response within 10 days.
Rajawat said the next date of hearing in the case was set on January 27.
A Pakistani militant and three other people were killed in Hyderpora on November 15, 2021.