Hyderpora encounter: Supreme Court rejects man’s plea to exhume body of son

Satya Prakash

New Delhi, September 12

The Supreme Court on Monday dismissed a father’s petition seeking to hand over the body of his son killed in the Hyderpora encounter in November last year, saying his emotions can’t override rule of law.

“We, as a court of law, respect the emotions and sentiments expressed by the appellant as the father of the deceased. However, the court of law should not decide the rights of the parties considering their sentiments. The court of law has to decide the matter in accordance with law, more particularly, keeping in mind the doctrine of Rule of Law,” a Bench led by Justice Surya Kant said. The Bench dismissed Mohammad Latief Magrey’s appeal against the Jammu and Kashmir High Court’s verdict denying exhumation of his son’s body, saying, “The relief granted by the High Court as contained in para 21 of the impugned judgment can be termed as just, proper and equitable.”