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| Hyderpora encounter case DB allows family to perform rituals of Lateef Magray, pay compensation of Rs 5 lacs | | |
EARLY TIMES REPORT
SRINAGAR, July 1: A division bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani, today directed the UT administration to allow father of Lateef Magray (respondent) and his family members (maximum 10 persons) to perform Fatiha Khawani (religious rituals/prayers after burial) of deceased at Wadder Payeen graveyard, on the date and time to be decided in consultation with respondent 1, subject to taking into account security measures which may be required to be put in place inasmuch as the COVID-19 guidelines.
The DB directed the UT to pay compensation of Rs.5.00 Lakhs, awarded by the Writ Court to respondent 1 is maintained. It is made clear that the payment of said compensation by appellants to respondent no.1 shall not form precedence for future in view of the fact that the said compensation stands awarded to the writ petitioner/respondent 1 in view of the peculiar facts and circumstances of the instant case.
The DB while disposing of the petition observed that it needs to be appreciated that appellants admittedly did not provide opportunity to respondent 1 and his family to associate in the burial and performance of last religious rites of the deceased. Appellants prima facie have acted unfairly inasmuch as unreasonably in this regard notwithstanding the allegation of appellants that person of deceased was a terrorist even if it may be assumed, as such, that the deceased relinquished his right to be buried after performance of last rites performed by his family members in accordance with the faith professed by him, yet the said right of burial and performance of last religious rituals of deceased available to respondent no.1 and his family members could not have been denied.
Admittedly, respondent 1 and his family manifestly has been subjected to emotional and sentimental melancholy. Respondent 1 and his family have been deprived by appellants of the right to perform last rites and rituals of deceased by the appellants admittedly without there being any policy/guideline, as such cannot be endorsed in law, in that, ours is a welfare state acknowledged by the whole globe.
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