The father of Muhammad Amir Magray, one of the three persons killed in the Hyderpora encounter, on Thursday approached the Jammu and Kashmir High Court and sought his son’s body for final rites. He disputed the police claim that Amir was associated with the militants.
“The petitioner and his wife request the court to come to the rescue of their son’s fundamental right to have decent burial as per religious rules. If not done, they will never recover from the pain. They have not even given a chance to see his face last time. They wish to bury their son close to their house so that in the future he gets to visit his grave for prayers,” said the plea.
The petition by Amir’s father Muhammad Latief Magray, 58, comes two days after the Special Investigation Team (SIT) accused Amir of being a “militant associate”, who allegedly ferried a foreign militant, also killed in the encounter, to the old city once. Four persons, including three locals and one non-local, were killed in the Hyderpora operation on November 15-16 in Srinagar.
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The victim’s father, in the petition, said his entire family was associated with the Indian Army and other security agencies and was “instrumental in elimination of militants in Gool, Sangaldan, Ramban”. He said that in view of their open support to the Indian Army by going against the anti-national forces, the family remained vulnerable to attacks and was provided security cover outside his home.
“It is obvious that Amir was groomed in an atmosphere of patriotism and away from anti-national activities and forces. So, associating Amir with terrorism is not justified to any stretch of imagination and will also discourage all those who hold India close to their hearts and are fighting terrorism in a difficult situation in Jammu and Kashmir, without caring for their lives and families,” the petition reads.
The father claimed that Amir, at the tender age of 10, assisted him and his wife in fighting a militant and got him neutralised in Gool in 2005, despite knowing that the dreaded militant outfit may avenge killing. “This shows that Amir was always against anti-national outfits and militants,” the father said.
For this bravery, the father was conferred with a bravery award in 2012 by the police and was also appreciated by the Indian Army “for his service towards the nation in eliminating militancy in Gool”.
“Owing to financial constraints and weak family background, Amir could not pursue his studies and to support his family, he went to the house of his sister in Kashmir, who helped him to find a job of helper in the clinic of Dr. Mudasir and he was there for last few months.
“I used to talk to Amir every day and he always used to express his desire to work hard for the family’s survival,” the father said.
He questioned how Dr. Gul’s body was returned to the family despite being a suspect.
The petition, filed by advocate Deepika Singh Rajawat, has pleaded “invoking of Article 21, which extends right to have decent burial as per religious ceremonies and rules”.
“Exhumation of the body of Amir needs to be done at the earliest to save it from getting fully decomposed. They [family] might get further emotionally traumatised by seeing Amir’s fully decomposed body, if the request is not treated urgently,” Ms. Rajawat said.
