UNION TERRITORY OF J&K Vs. MOHAMMAD LATIEF MAGREY

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against the judgement dtd. 27/5/2022, passed in a writ petition, bearing WP(C) no.11/2022, titled as Mohammad Latief Magrey v. Union of India and others.

(2.) The background facts, under the cover of which the instant appeal has arisen, are that writ petitioner - respondent no.1 herein, instituted the petition supra praying therein the following relief:

(3.) Writ respondents 3&4 - appellants 3&4 herein, responded to the petition of respondent no.1 herein, resisting and opposing the same on the premise that the demand of return of dead body of deceased made by respondent no.1 was not that of an ordinary citizen but of a terrorist having got killed in an encounter with security forces and return of dead body would lead to law and order and security problems. The deceased was stated to have been found to be a terrorist involved in terrorist related conspiracies by the Investigating Agency, being SIT constituted in this behalf, headed by DIG Rank Officer, and that in terms of previous practice and procedure in order to avoid larger ramifications and adverse impact upon law and order situation inasmuch as the security concerns, the dead body of deceased was shifted and was buried by Auqaf Committee in accordance with all religious obligations at Wadder Payeen Graveyard, performed in presence of Executive Magistrate, Zachaldara. A proper procedure was stated to have been followed by appellants while dealing with the dead body of deceased in the matter of his burial with religious rites. The return of the dead body of deceased was stated to have caused alarming situation and law and order problem; therefore, necessitating not handing over the dead body of deceased and his burial undertaken by appellants for protecting larger interests of security and sovereignty of India. The dead bodies of other two persons, killed in the encounter being not found to be terrorists, were stated to have been returned back to their families after taking adequate security measures. It had been reiterated in the reply by appellants that last rites of deceased son of respondent no.1 were done through Auqaf Committee Wader Payeen as per religious rites as it had been previously found that during burial of terrorists, a scenario was being created by vested elements during funeral processions, to glorify terrorism and incite the youth to join militancy. It had been further stated by appellants in their reply that the reason for returning and handing over the dead bodies of other two persons, namely, Dr Mudasir Gul and Altaf Bhat, to their families after being exhumed, is that during investigation carried, it had got transpired during investigation that deceased, Dr Mudasir Gul, was shot by foreign militant, namely, Bilal Bhai @ Hyder @ Saqlain and deceased, Altaf Bhat, had got killed during cross firing in the encounter.