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The Jammu & Kashmir and Ladakh High Court last week stayed the order passed by a single-judge bench comprising Justice Sanjeev Kumar wherein the Central Government authorities were directed to exhume the body of Amir Magrey, one of the four persons killed in a gunfight in Srinagar’s Hyderpora area in November 2021.

A division bench of Justice Ali Mohammad Magray and Justice Wasim Sadiq Nargal was hearing the appeal moved by the State challenging the order given by the single judge bench a week ago and accordingly ordered to put stay on its operation till the next date of hearing.

Advocate Deepika Singh Rajawat for Mohammad Latief Magrey, father of the deceased, was on Caveat and had appeared through the virtual mode from Jammu.

Rajawat while relying on an Apex Courts judgment in ‘Ramsharan Autyanuprasi & Anr. V. Union of India & Ors. (1989)’ submitted that the right to the decent burial of the dead body as per the religious belief was a right guaranteed by the Constitution of India. Subsequently, Rajawat opposed the grant of any interim relief in favor of the Government.

On the Contrary, D. C. Raina, the Advocate General (AG), appearing for the State, submitted that “the relief granted by the single judge could not have been granted in terms of the Medical Science Analysis of the dead body which envisages that the dead body gets putrefied after a period of one month.”

Raina further submitted that the relief granted by the writ court was beyond the pleadings of the petitioner (respondent no. 1 before the division bench). 

AG further submitted that the judgment given by the single judge is self-contradictory, as, on one hand, he had referred to the putrefaction of the dead body in an advanced stage and directed the government to act with promptitude without wasting any further time, but, at the same time, he had taken a contrary view by directing exhumation of the dead body.

On hearing both sides, the division bench opined, “We feel that this matter requires a final decision from this Court after hearing all parties concerned. Accordingly, let notice be issued to the Respondents.”

“Meanwhile, till the next date of hearing before the Bench, the operation of the impugned Judgment shall stay,” added Court. The matter has been listed for further consideration on June 28, 2022.

Case Title: Union Territory of JK & Ors. v. Mohammad Latief Magrey & Anr.