Terrorist’s body will not be found for funeral, family’s petition dismissed

The Supreme Court has rejected the demand to take out the body of terrorist Amir Magrey, who was killed in an encounter with security forces on 15 November 2021 in Hyderpora, Jammu and Kashmir. Aamir’s father Latif had filed a petition seeking permission to exhume his son’s body for the last rites.

On Monday, a bench of Justice Surya Kant and Justice BS Pardiwala said that there is no evidence that the administration did not perform the last rites of Amir’s body in a proper manner. The order for the removal of the dead body cannot be given unless it is seen that the interest of justice is being served by it.

Court runs by law, not emotion
The bench said- We respect the sentiments of Aamir’s father, but the court acts according to the law. However, the bench allowed Amir’s father Latif to offer prayers at his grave.

Aamir was killed in an encounter on 15 November 2021
Amir and his 3 accomplices were killed during an encounter with security forces in Hyderpora on 15 November 2021. The police had buried the four in Handwara, 70 km from Srinagar. After the encounter, Aamir’s family moved the High Court.

Double bench reversed the decision of single bench
In this case, the single bench of the Jammu and Kashmir High Court had allowed the removal of the dead body of Aamir in May 2022, but the administration immediately appealed in the double bench. On this, the double bench of the High Court overturned the decision of the single bench and said that the dead body cannot be taken out. After this Aamir’s family appealed in the Supreme Court.