NEW DELHI: The Supreme Court on Monday rejected a plea by a man to hand over the body of his son who was killed in the Hyderpora encounter in Srinagar in November, 2021, saying he had a decent burial by the state authorities after performing last rites in accordance with religious beliefs.
A bench of Justices Surya Kant and J B Pardiwala said once buried, the body should not be disturbed, unless disinterment is in interest of justice.
The court also noted that the state of Jammu and Kashmir has submitted that the deceased was buried with all honour, and there nothing to indicate that the body was not given a decent burial.
The bench said although it respected the sentiments of the father, but the court cannot decide matters on sentiments.
The court, however, asked the J&K administration to comply with the High Court's direction to pay Rs five lakh compensation to Mohammed Latif Magrey, allow the family to offer prayers at the grave.
The plea challenged the Jammu and Kashmir High Court's order, which did not allow exhumation of the body Magrey's son Amir.
As many as four persons were killed in the encounter on the outskirts of Srinagar on November 15 last year.
