"My son is gone. I am also ready to show you that my son is not a terrorist. But I will not get into that because I only want to get the last rites performed. Unfortunately, once you are labelled a terrorist, your family is also targeted. My most basic and sacred thing to perform (last rites) is taken awake from me. It's a wound which cannot be healed. At least I should be allowed to heal."

Sr. Advocate Anand Grover appearing for Petitioner MOHAMMAD LATIEF MAGREY whose son Amir Magrey was killed in a terrorist operation in the Hyderpora encounter in J&K. The bench of Justice Surya Kant and JB Pardiwala while dismissing the SLP, rendered a judgment held that Amir Magrey was given a decent burial by the State Authorities including the performance of last rites in accordance with religious beliefs.

The Court held that "After a body has been buried, it is considered to be under the custody of Law. The internet is under the law of court. Once buried a body should not be disturbed. A court will not order the disinterment of the body unless it is shown that disinterment is in the interest of justice."

The Apex Cort further held that "We as a Court of law respect the emotions and sentiments of the appellant as the father, however, the court of law should not decide the rights of parties considering the sentiments, but in accordance with law."

It was further stated that "As far as the State is concerned, he was a terrorist. It is not in dispute that there are certain other such people who have been buried and they are purposely not buried in their own places for the reason that it takes into account the glorification. Young minds are swayed. The terrorists sneak in and they say very good things and the younger minds are drawn into terrorism. that is the reason why State consciously do not bury them in the same town or in the same village.

The Top Court directed the State to comply with the directions issued by the High Court to pay Rs. 5,00,000/- compensation to the family and also to allow them to have prayers at the grave site where the body of Amir was buried by the State.

Read Full Judgment:-

https://main.sci.gov.in/supremecourt/2022/21908/21908_2022_14_1502_38112_Judgement_12-Sep-2022.pdf 

Case Details:-

SLP(C) No. 12743/2022

MOHAMMAD LATIEF MAGREY     ...Petitioner

v.

THE UNION TERRITORY OF JAMMU AND KASHMIR AND ORS.     ...Respondent