Terrorist’s body will not be available for funeral: Family’s petition dismissed, SC said – respect for feelings, but not legally correct

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 in Hyderpora, Jammu and Kashmir. Aamir’s father Latif had filed a petition seeking permission to exhume his son’s body for a formal funeral.

On Monday, a bench of Justice Surya Kant and Justice BS Pardiwala said that the dismemberment of the dead body cannot be ordered unless it is seen that it is serving the interest of justice. The court further said that there is no evidence that the administration did not perform the last rites of Amir’s body in a proper manner.

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. The bench also said- Father Latif was allowed to offer prayers at Aamir’s grave site.

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

Double bench reversed the decision of single bench
A single bench of the Jammu and Kashmir High Court allowed the exhumation of Aamir’s body in May 2022, but the administration immediately appealed to the double bench. The double bench of the High Court overturned the decision of the single bench and said that the body cannot be taken out.