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A petition has been filed in the Supreme Court challenging the Jammu & Kashmir and Ladakh High Court order staying the single judge's order wherein the Central Government authorities were directed to exhume the body of Amir Magrey. Magrey was one of the four persons killed during an encounter in Srinagar’s Hyderpora area in November 2021.

The plea was mentioned today before a vacation bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia by Senior Advocate Anand Grover and is likely to be listed on Monday.

Filed by Mohammad Latief Magry, father of deceased Amir Magrey, who was killed in an encounter in Srinagar’s Hyderpora area in November 2021 carried out by the State Police, through AoR Nupur Kumar, the appeal challenges the High Court's order staying an order of the single judge directing the Central Government Authorities to exhume Magrey's body.

"..impugned interim order is in gross violation of Articles 21 and 25 of the Constitution of India, which uphold and protect right of the deceased to a decent burial by the next of kin following the religious ceremonies and practices", the plea states.

It is further argued that the State has been falsely alleging that Latief’s son was a confirmed terrorist and if the dead body is exhumed, it will give rise to a law and order situation. 

"Even if it is accepted for sake of argument that the Petitioner’s son was a confirmed terrorist, it makes no difference inasmuch he is entitled to a decent burial and last rites as per his religious practices," the plea submits.

In the impugned order, a division bench of the High Court had opined that the matter required a final decision after hearing all parties concerned and had thus issued notice. 

“Meanwhile, till the next date of hearing before the Bench, the operation of the impugned Judgment shall stay,” the High Court's division bench had further ordered.

Said order was passed in a plea challenging the single judge order wherein the Central Government authorities were directed to exhume the body of Magrey.

Case Title: Latief Magry vs. The Union Territory of Jammu and Kashmir & Ors.