On Thursday, 30 December, father of Amir Magray, who died in the Hyderpora encounter on 15 November, filed a writ petition seeking his son’s body and stating that he was innocent.
The police have returned the bodies of two civilians to the respective families, but did not do the same with Amir’s body, saying that he was an associate of the Pakistani militant also killed in the encounter.
Amir’s father, Mohammad Latief filed the petition two days after a probe by the Special Investigation Team of J&K Police, that said that Amir was a militant.
According to the probe, Amir who was a youth from Ramban district in Jammu Division, was closely associated with the foreign terrorist, Bilal Bhai, who was neutralised by the forces.
The police said that Amir Magray, had been killed in the crossfire as they were being used as human shields by the terrorist.
“Mohammad Altaf Bhat (building owner) and Amir were killed in the crossfire with security forces as they were used as a human shield by the foreign terrorist. It is substantiated by the fact the Altaf fell (after being hit by bullets) outside the door, while Amir had managed to run few more steps and the foreign terrorist’s body was found 83 feet away,” DIG Singh told PTI.
The Petition by Amir's Father
Amir’s father stated in the petition, “…being close to Amir, the petitioner knew everything good and bad about him, thus can state on oath that his son was never involved in any anti-national activities or was associated with any such outfit that conspires to bring harm to the nation.”
Latief invoked Article 21 of the Constitution, which includes the right to a decent burial as per religious ceremonies and rules. He added that his son worked as a civilian volunteer with the Army and helped curb militancy in Gool Singaldan area.
Latief said in the petition that Amir was groomed in an 'atmosphere of patriotism', and associating him to terrorism is not justified, and would also discourage those who are fighting terrorism.
He added that he has remained vulnerable to attacks because of his son's work as a civilian volunteer, because of which security had been provided to the family.
Latief referred to the return of the bodies of the other two killed in the encounter, the building owner and a doctor, who Amir worked for as an office peon.
He pleaded in his appeal that the exhumation needs to be done early so as to save it from getting fully decomposed.
(With inputs from The Indian Express)