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SANJEEV KUMAR
Mohammad Latief Magrey – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner is father of one Mohd Amir Magrey who was amongst four persons who were killed in an encounter between the Police and Militants that took place on 15.11.2021 at Hyderpora area of District Budgam. As per the version of the respondents, Police Station Saddar received a written report along with seizure memo of arms/ammunitions from 2 RR Army Camp, Zainkote Srinagar through HC Chain Singh to the effect that at 5.15 P.M Army 2 RR received reliable information that some terrorists are hiding in a building within the jurisdiction of Police Station Saddar and have planned to attack security forces. Upon said information, Army cordoned the area and started search operation to nab the terrorists. During search operation, the terrorists hiding in the building opened indiscriminate firing upon the search party, which was retaliated and in the ensuing encounter two terrorists and their two associates were killed. Some arms and ammunition was also recovered from the encounter site. On the basis of the aforesaid information, Police Station Saddar registered FIR No. 193/2021 under Sections 307/120-B IPC, 7/27 Arms Act, 16, 18, 20 ULA(P) Act and the investigation entru
(1) Disinterment of body of slain militant for the purpose of religious rituals – After a body has been buried, it is considered to be in custody of law – Disinterment is not a matter of right – Dist....
Involving disposal of dead bodies of Covid-19 victims after giving due consideration to various decisions of Hon-ble Supreme Court as well as other High Courts recognized the fundamental right of any....
The court affirmed the right to a decent burial under Article 21 of the Constitution, allowing exhumation for religious rites after confirming no health hazards from COVID-19 exist after four years.
The court affirmed the right to burial in accordance with religious customs, emphasizing the need for designated burial grounds for minority communities to prevent discrimination.
The right to live with dignity under Article 21 includes the right to a decent burial or cremation, obligating the State to prevent the use of dead bodies for protests.
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