JUDGMENT :

J.B. Pardiwala, J.

1. Leave granted.

2. “The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose.”

- Justice Cardozo

Yome v. Gorman, 152 N.E. 126, 129 (N.Y. 1926).

3. The leading case on disinterment in the United States is Pettigrew v. Pettigrew, 56 A. 878 (Pa. 1904) which was decided by the Supreme Court of Pennsylvania in 1904:

“The presumption is against a change. The imprecation on the tomb at Stratford, “Curst be he that moves my bones,” whether it be Shakespeare’s own or some reverent friend’s, expresses the universal sentiment of humanity, not only against profanation, but even disturbance. When a case comes into court, the chancellor will regard this sentiment, and consider all the circumstances in that connection.”

4. This appeal is at the instance of the original writ applicant (father of the deceased, whose son, namely, Mohd. Amir Magrey was killed in an encounter between the police and militants) and is directed against the judgment and order passed by the High Court of Jammu & Kashmir and Ladakh at Srinagar in Union Territory of J & K and Others v. Mohammad Latief Magrey and Another, 2022 SCC OnLine