HC upholds Rs 5 lakh compensation to kin of youth killed in Hyderpora encounter

Srinagar, July 1

The High Court of J&K and Ladakh on Friday upheld Rs 5 lakh compensation to the family of Aamir Magrey, who was killed in the Hyderpora shootout last November, and directed the government to allow the kin to perform some rituals at the graveyard of the slain youth. A Division Bench of Chief Justice Pankaj Mithal and Justice Javed Wani, while disposing of an appeal of the state against a Single Bench order, upheld the compensation amount.

The court also directed the government to allow the father and nine other relatives of the deceased youth to perform Fatiha at the grave of Magrey at Wadar Payeen in Handwara.

Lateef Magray, father of Amir Magrey, had filed a writ petition seeking exhumation of his son’s body and also demanded its handing over to the family for performing last rites at his native village.

The Single Bench had allowed the petition and also awarded compensation of Rs 5 lakh. The state appealed against the order in Supreme Court which stayed the exhumation but asked the state to appeal before a larger bench of the HC. The Division Bench agreed with the state counsel’s agreement that the exhumation was not feasible as the body starts decomposing soon after burial. It also noted that the father of the deceased had given up on the plea for exhumation of the body before the Supreme Court.

Aamir Magrey (23) was among four persons killed in the shootout on November 15 last year. The police had claimed that all four, including the businessman-owner of the building and the tenant of the premises where the encounter took place, were militants or overground workers.

However, protests by families of the slain men and political parties forced the government to return the bodies of Altaf Bhat, the building owner, and Mudasir, the tenant, after three days. However, the police insisted that Magrey had been involved in supporting terror, so it did not return his body. — PTI

Nov 15 gunfight

Aamir Magrey (23) was among four persons killed in the shootout on November 15 last year. His family demanded his body for last rites but security agencies had refused, citing security concerns.