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Hyderpora Encounter 2021: HC reserves judgment on father’s petition demanding return of slain son’s body

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Srinagar: The High Court Thursday reserved its judgment on a petition by Mohammad Latief Magrey praying return of the body of his son for decent burial.

Magrey’s son Mohammad Amir was one of the four persons killed in Hyderpora encounter in the preceding year.

Justice Sanjeev Kumar after hearing the arguments of the lawyers representing the petitioner Magray and the State reserved the judgment.

On 15th of November 2021 “Pakistani terrorist” and three other persons including Amir were killed in Hyderpora operation in Srinagar.  Police claimed that all the slain men had links to militancy.

The families of the three had, however, claimed that they were innocent and alleged foul play. Among the deceased was a doctor,  Mudasir Gul.

The father of Muhammad Amir, had approached the Jammu and Kashmir High Court and sought his son’s body for final rites. He disputed the police claim that Amir was associated with the militants.

He requested 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,” his plea said.

The petition by Magray came two days after the Special Investigation Team (SIT) accused Amir of being a militant associate.  The SIT alleged that Amir ferried a foreign militant, also killed in the encounter, to the old city once.

The petitioner said his entire family was associated with the Indian Army and other security agencies and was instrumental in elimination of militants in Gool, Sangaldan, Ramban.

“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”, read his petition.

It further stated “owing to financial constraints and weak family background, Amir could not pursue his studies and to support his family, he went to the house of his sister in Kashmir, who helped him to find a job of helper in the clinic of Dr. Mudasir and he was there for last few months”.

“I used to talk to Amir every day and he always used to express his desire to work hard for the family’s survival,” the petitioner father added.

Filed through advocate Deepika Singh Rajawat, he pleaded “invoking of Article 21, which extends right to have decent burial as per religious ceremonies and rules”.

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