Family of youth killed in Hyderpora encounter moves HC to seek return of son’s body
The petition states that at the tender age of 10, Amir assisted his father and his mother in fighting a militant and got him neutralized in Gaol.
SRINAGAR: Two days after J&K Police’s Special Investigation Team (SIT) claimed that Amir Magray hailing from Ramban, who was one of the four persons killed in the November 15 encounter in Hyderpora area in Srinagar, was a militant and associate of a foreign militant killed in the gunfight, his family Thursday filed a petition in J&K High Court seeking the return of his son’s body for burial.
Amir's father, Mohammad Latief Magray filed the petition in J&K High Court today through counsels Deepika Singh Rajawat and Mohammad Arshad Chowdhary.
“The petitioner knew everything good and bad about him (Amir), thus can state on oath that his son was never involved in any anti-national activities or was associated with any such outfit that conspires to bring harm to the nation,” reads the petition.
Amir’s father has invoked Article 21 of the Indian Constitution to seek a rerun of his son’s body.
After the November 15 encounter, police had buried bodies of all four killed – Pakistani militant, Amir, Dr Mudasir Gul, and Altaf Bhat (both businessmen from Srinagar) in a graveyard in Handwara in north Kashmir. However, after protests by the families of Mudasir and Altaf, the bodies of Mudasir and Altaf were exhumed and handed over to their families for burial at their native places.
The petition states that the petitioner was working as a source with the Indian army so he had special acumen and expertise to sense anything indifferent. “And in case Amir would have indulged in anti-national activities, the petitioner would have been the first to notice it and had made efforts to bring him back home, if not reported the same to the authorities. But, never such sort of thing was observed by the petitioner, who was in constant contact with Amir, till November 14 evening”.
The petition further states that at the tender age of 10, Amir assisted his father and his mother in fighting a militant and got him neutralized in Gaol despite knowing that the dreaded militant outfit may avenge the killing of their partner.
“This shows that Amir was always against anti-national outfits and militants,” it adds.
Meanwhile, National Conference chief and former chief minister of the erstwhile state of Jammu and Kashmir Farooq Abdullah on Thursday demanded a judicial inquiry into the Hyderpora encounter and claimed that the recent SIT probe report on the encounter is false.
"I believe that the police report is false. The police have done it to save themselves. Police killed them and there is no doubt about that. I believe a judicial inquiry should be conducted," former Chief Minister of Jammu and Kashmir told the media persons in Srinagar.
(With ANI inputs.)