Hyderpora encounter: Despite court order, body not exhumed from Handwara graveyard, alleges kin of slain youth

The deceased's father said if Amir’s body is not handed over to them in the next few days, then they would consider further legal action.
Women shouting slogans during funeral prayers for one of the militants killed in the overnight encounter with security forces in Budgam district, at Hyderpora in Srinagar. (File Photo | PTI)
Women shouting slogans during funeral prayers for one of the militants killed in the overnight encounter with security forces in Budgam district, at Hyderpora in Srinagar. (File Photo | PTI)

SRINAGAR: Even a week after Jammu and Kashmir High Court order, the administration has not yet exhumed the body of slain Ramban youth Amir Magray to hand it over to the family for burial, said his family and lawyer, who are contemplating further legal action.

Amir was among four persons killed in the November 15, 2021 encounter in the Hyderpora area of Srinagar.

Amir's father Mohammad Latief Magray said the administration has not so far implemented the May 27 High Court order, which had ordered the exhumation of his son’s body from a Wadder Payeen graveyard in Handwara in north Kashmir, about 100 km from Srinagar.

According to police, a Pakistani militant Haider Bhai, his associate Amir (from Ramban), OGW Dr Mudasir Gul and businessman Altaf Bhat were killed in the encounter. Police buried the bodies of all four in a graveyard in Handwara but the bodies of Srinagar residents Altaf and Dr Mudasir were later exhumed and handed over to their families for burial.

Latief said they got justice from the court after six months but now the administration is delaying handing over the body to them for proper burial.

“I have submitted the copy of the court order in the office of Inspector General of Police (IGP) Kashmir and Deputy Commissioner Ramban a few days back. However, there has been no response from their side so far,” he said.

On May 27, J&K High Court ordered the exhumation of Amir's body of Amir and directed authorities to make appropriate arrangements for transportation of the dead body to his native village for burial in his native graveyard in accordance with the traditions, religious obligations and religious faith. It also ordered J&K government to pay Rs 5 lakh to Amir’s family if the body is highly putrefied and not in deliverable state.

Latief said if Amir’s body is not handed over to them in the next few days, then they would consider further legal action.

Latief’s counsel Deepika Rajawat said there is no logic for the government not to exhume the body and hand it over to his family as the government has not filed any appeal.

“There is a court order asking the government to exhume the body and hand it over to the family as soon as possible. They should have done it by now. They should have shown respect to the court order,” she said.

Rajawat said the administration is forcing them to go for contempt proceedings. “It is the measure available with us and we will definitely exhaust it if the body is not exhumed and handed over to the family”.

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