The Kashmir Pulse

SRINAGAR — The High Court of Jammu & Kashmir has directed authorities to provide detailed updates on the progress made in formulating the necessary rules to implement the provisions of the Right to Education (RTE) Act.

A division bench presided over by Chief Justice N Kotiswar Singh and Justice Mohammad Yousuf Wani was hearing a Public Interest Litigation filed by the Young Lawyers Forum (Kashmir) aimed at enforcing Section 12 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The court, having previously sought a status report on the implementation status of the Right to Free and Compulsory Education Act, received a response from the respondents indicating that they were in the process of formulating rules under the RTE Act.

The court emphasised the crucial importance of being apprised of the current status of the ongoing work or process initiated towards formulating the necessary rules for the effective implementation of the RTE Act. It underscored the gravity of the situation, expressing concerns that the absence of formulated rules for the implementation of the RTE Act might potentially undermine the constitutional obligation of the State.

It stressed the imperative for the State to ensure the proper implementation of the Act to uphold the fundamental right to education for all children. Considering the significance of ensuring the effective implementation of the RTE Act, the court deemed any further delay in the process as unacceptable.

Consequently, the court scheduled the matter for further hearing on May 15, granting the state sufficient time to furnish the necessary updates on the progress made in implementing the RTE Act.

It also directed the authorities to submit a comprehensive list of government-aided schools in Jammu & Kashmir that are presently imparting free education in accordance with the RTE Act.

JAMMU — The High Court has expressed displeasure and anguish over the non-representation of the government in arms license scam.

While hearing the arms license case, a Division Bench comprising Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary expressed deep anguish and displeasure over the non-representation of the J&K Government and Union of India as their Counsels were not present.

“Neither the UT Government is represented by any Counsel nor there is any representation on behalf of the Union of India when the matter is taken up because of which this court is unable to pass any order,” observed the court. Advocate Rahul Raina appearing for the petitioners submitted that the administration is shielding the IAS officers allegedly involved in the arms licenses scam and is sitting over the prosecution sanction files deliberately for the last two years and has also posted the tainted bureaucrats on prime positions whereas the prosecution sanction was granted against JKAS officers way back in the year 2021 and several challans have been filed in the CBI Special Courts in UT of J&K.

Advocate Rahul Raina further submitted that there cannot be two laws — one for common men and the other for the IAS officers.

The Division Bench observed that it is unable to pass any order in the absence of any Counsel from the government. The Division Bench directed the Registry that a copy of this order be sent to the concerned Ministries of the Union of India and also to the UT Administration for necessary action.

Looking into the importance of the matter, the Division Bench directed the registry to re-notify the matter for April 23, 2024.

Pertinently, under this scam, it is alleged that more than 2.78 lakh arms licenses were issued to non-entitled persons in J&K between 2012 and 2016 and all this took place under some top-notch IAS officers.

SRINAGAR — Hurriyat Conference chairman Mirwaiz Umar Farooq was on Friday allowed to offer congregational prayers at the Jamia Masjid here after five months, officials said.

“Mirwaiz was allowed to move out of his residence in Nigeen locality of the city here this afternoon,” an official said.

After leaving his residence, Mirwaiz reached the Jamia Masjid in the Nowhatta area of the city and offered the congregational Friday prayers there, officials said.

Mirwaiz was first kept under house arrest in August 2019 when the Centre abrogated Article 370. While he was released in September last year — after four years — and allowed to pray at the Jamia Masjid for some weeks, he was detained again in the wake of protests against the Israeli action in the Gaza Strip.

Mirwaiz had moved the Jammu and Kashmir and Ladakh High Court against curbs on his movement.

The court on February 21 gave the “last and final opportunity” to the Union territory administration to file a reply on it.

SRINAGAR — The High Court of Jammu Kashmir and Ladakh has ordered the release of a 27-year-old youth from northern Kashmir’s Bandipora, presently lodged at Barely Jail of Uttar Pradesh under the Public Safety Act.

The detenue Umar Aijaz Mir of Banipora, against whom police had registered six FIRs in 2016 on charges of stone-pelting, was arrested by police in 2022. Police had claimed that a grenade had been recovered from the possession of the accused and accordingly, Public Safety Act was slapped on him.

Advocate Bashir Ahmed Tak, the Counselor of the accused prayed that the cases registered against the accused were all frivolous and a youth who was co-accused when Umar Aijaz Mir was arrested in 2022 has already been released by the Court.

The Court of judge Rahul Bharti, as per the news agency KNT, after hearing the arguments held the preventive detention order number 14/DMB/PSA of 2022; dated May 19, 2022, of the District Magistrate Bandipora illegal.

It also directed the release of the person of the petitioner from detention and detainment from the Central Jail Kot Bhalwal Jammu or any other jail wherever the petitioner may be lodged pursuant to the detention order hereby quashed.

The detenue is currently lodged at Central Jail Bareilly of Uttar Pradesh.

SRINAGAR — The High Court of Jammu and Kashmir and Ladakh has invalidated the detention orders under the Public Safety Act (PSA) against four individuals, directing their immediate release unless wanted in other cases.

In a ruling on separately filed petitions, a bench presided over by Justice Vinod Chatterji Koul annulled the detention orders against Ghowhar Ahmad Bhat of Cheermarg Zainapora Shopian, Irshad Ahmad Bhat of Nildong Batapora Shopian, Nadeem Ayoub Itoo of Mohammadpora Kulgam, and Arshid Ahmad Mir of Brakpora Anantnag.

Ghowhar Ahmad Bhat and Irshad Ahmad Bhat were detained under orders dated June 28, 2022, and June 20, 2022, respectively, issued by the District Magistrate of Shopian. Nadeem Ayoub Itoo's detention stemmed from an order dated June 11, 2022, by the District Magistrate of Kulgam, while Arshid Ahmad Mir was held based on a directive dated September 1, 2022, from the District Magistrate of Anantnag.

The court's directive mandated the immediate release of these individuals, provided they were not implicated in other legal proceedings.

Authorities have been instructed to ensure the expeditious liberty of the detainees unless their involvement is required in alternative cases.

SRINAGAR — The High Court of J&K and Ladakh on Monday ordered a 15-day winter vacation for district courts in Kashmir valley, some areas of Jammu division and Ladakh from January 1.

“It is notified for the information of all concerned that the District Courts in Kashmir province and the Courts located in District Kishtwar; District Doda; and Courts at Batote, Gool, Banihal, and Ukhral in District Ramban and Bani in District Kathua of Jammu Division in the Union Territory of Jammu & Kashmir as well as all Courts located in the Union Territory of Ladakh shall observe 15 days winter vacations with effect from 01-01-2024 to 15-01-2024 (both days inclusive),” Registrar General Shahzad Azeem said in an order, as per the news agency GNS.

It further said, “The Principal District and Sessions Judges and Chief Judicial Magistrates of the concerned Districts shall make the suitable arrangements for disposal of urgent criminal business arising during the period of such vacations in the areas within their respective jurisdictions.”

SRINAGAR — The Jammu and Kashmir and Ladakh High Court has issued notices to the Government of India and the Government of Jammu and Kashmir in a plea challenging the constitutionality of the imposition of property tax in the erstwhile state of Jammu and Kashmir.

The legality of the imposition of the property tax was challenged by a local petitioner, stating that Section 96 of the Jammu & Kashmir Reorganization Act, 2019 which was invoked to issue the J&K Reorganization (Adaptation of State Laws) Third Order, 2020 and amend the J&K Municipal Corporation Act, 2000 for levy of property tax, suffers from the vice of excessive delegation.

The petitioner, while filing the plea, filed through Advocate Taha Khalil states, "The words “amendment” and “repeal” have been incorporated in the section implying the designation and devolvement of essential legislative functions upon executive limb of the government. The power to amend and or repeal any existing law is a policy decision which, in a democratic setup, is only exercised through a body of elected representatives, therefore, the vesting of powers to amend and or repeal laws with the Executive authorities is a bizarre precedence of usurping the power, authority and jurisdiction of the legislative assembly of Union Territory of Jammu & Kashmir."

The plea states that such excessive delegation violates Articles 14, 21, 246, 265, 300A, Schedule VII, Doctrine of Federalism and other express provisions of the Constitution.

The petitioner further argues that the imposition of property tax, without proper legislation and public consultation, violates Article 265 of the Constitution of India. "The haste and malice on the part of the Government of Jammu and Kashmir goes against established legislative practice," he adds.

Furthermore, it is contended that the imposition of property tax on the petitioner is in violation of Article 300A of the Constitution, which guarantees the right to acquire and enjoy property. The petitioner argues that the imposition of property tax deprives them of their right to the enjoyment of their property and, as a result, violates their right to life under Article 21 of the Constitution.

In view of the said grounds, the petitioner has urged the Court to quash the impugned orders and issue any other appropriate direction for protecting the constitutional provisions and the doctrine of federalism.

The matter is now listed for the next hearing on July 24 this year.

SRINAGAR — A division bench of the Jammu & Kashmir High Court on Friday requested the single bench to hear and decide afresh a petition challenging the engagement of Mumbai-based Aptech firm by the Jammu & Kashmir administration for conducting job tests. It set aside the single bench order cancelling the allotment of a contract to the firm and maintained its interim directions shall remain in force.

The division comprising Justice Tabi Rabistan and Justice M. A. Choudhary today remitted the writ petition back to the writ court for deciding the matter afresh.

“……Therefore, in view of what has been discussed above, we, without discussing the merits of the case, deem it proper to dispose of the appeals and remit the writ petition back to the Writ Court for deciding the matter afresh. Ordered accordingly. Accordingly, the order and judgment impugned is hereby set aside, the writ petition is restored to its original number and the writ petition is remitted back to the learned Single Judge with a request to decide the matter afresh," reads the order as per the news agency KNO.

The order further reads, "Writ respondents through their learned counsel are directed to file objections/counter to the writ petition within two weeks from today, thereafter, rejoinder, if any, to be filed within next one week. Registry is directed to list the writ petition before the learned Single Judge on 5th of April, 2023, when the learned Single Judge is requested to finally decide the writ petition. Till then interim direction dated 09.12.2022 shall remain in force."

In its interim directions on December 9, the division bench had directed that J&K Services Selection Board shall proceed with the selection process of Junior Engineer (Jal Shakti Department) and Sub-Inspector (Home Department), however, the result of the same shall await further orders from this Court.

Blacklisting period of Aptech over in May 2022: JKSSB Chairman

Jammu and Kashmir Services Selection Board (JKSSB) chairman Rajesh Sharma on Friday assured the youth that there will be no compromise on transparency and merit while the blacklisting period of Aptech recruitment agency is over.

Addressing the press conference here at Jammu, he said the blacklisting period is for three years and this company's period got over in May 2022 while recruitment is being done in a free and fair manner. He also said the particular agency is already conducting exams across the country and at the Centre.

He further said that the present protests seem to be motivated to derail the functioning of the board. "There are certain elements spreading distortion and misinformation on the issue," he added.

"We are very much aware of your concerns and all efforts will be made to conduct exams in a fair, transparent and secure manner. Do not pay heed to rumour mongers and those with ulterior motives, who are only here to disrupt the processes,” Sharma assured aspirants.

He further said that justice will be ensured while the ability and merit of youth will be respected and strict action will be taken against all those elements who are trying to harm the future of meritorious aspirants.

On the allegation against the recruitment agency, he said that the matter is sub-judice and the High Court will take a decision in the matter. "The issue will be settled by the law and not by sloganeering. The instant protests seem to be an attempt to influence the High Court," he added.

JAMMU — Justice Nongmeikapam Kotiswar Singh was on Wednesday sworn in as the 36th Chief Justice of the High Court of Jammu & Kashmir and Ladakh in an impressive ceremony held at Convention Centre here. Lieutenant Governor, Manoj Sinha administered the oath of office to Chief Justice.

On the occasion, the warrant of appointment was read out by the Registrar General, High Court of J&K and Ladakh, Shahzad Azeem.

The sworn-in ceremony was attended by Justice Tashi Rabstan, Justice Sanjeev Kumar, Justice Sindhu Sharma, Justice Rajnesh Oswal, Justice Vinod Chatterji Koul, Justice Sanjay Dhar, Justice Puneet Gupta, Justice Javed Iqbal Wani, Justice Mohan Lal, Justice Mohammad Akram Chowdhary, Justice Rahul Bharti, Justice Moksha Khajuria Kazmi, Justice Wasim Sadiq Nargal and Justice Rajesh Sekhri and their spouses.

The sworn-in ceremony was also graced by D.C. Raina, Advocate General; Vishal Sharma, DSGI Jammu; Tahir Shamsi, DSGI, Kashmir; former Judges of the High Court, Senior designated Advocates, Government Advocates, M.K. Bhardwaj, President HCBA; along with other office bearers, Advocates, Sanjay Parihar, Principal District and Sessions Judge, Jammu; M.K. Sharma, Principal Secretary to Chief Justice; other Registry officers as well as Senior Judicial officers.

Among other dignitaries who attended the oath ceremony included the spouse of Chief Justice Mrs. Vijayalakshmi Brara; daughters Ms. Vasundhara Nongmeikapam and Ms. Vatsala Nongmeikapam; mother Mrs. Gomati Devi Nongmeikapam and mother-in-law Mrs. Kamlesh Rani, besides close relatives and friends.

The ceremony was live-streamed on YouTube and was also attended physically by the dignitaries and the senior officers/officials of the UT Administration including the Chief Secretary, Additional Chief Secretary Home, Director General of Police, Law Secretary, and other officers.

Later, the newly sworn-in Chief Justice of the High Court of J&K and Ladakh was given a ceremonial guard of honour on his arrival at the High Court of J&K and Ladakh, at Jammu. He was warmly received and welcomed by sitting judges of the High Court, Registrar General, Registrar Vigilance, Registrar Rules, Registrar Judicial, Jammu, Member Secretary, J&K Legal Services Authority, Registrar (I.T.), Secretary, High Court Legal Services Committee, Joint Registrar Judicial, Jammu and Srinagar, besides, other Registry Officers, personal staff of the Chief Justice and other staff members of the High Court.

Subsequently, the Chief Justice interacted with the officers of the Registry and other staff members.

Jammu and Kashmir High Court has passed an order to the administration “to retrieve state land from all those who have encroached the different type government lands”. This order has recently created a panic situation among common masses in both Jammu and Kashmir, fearing that the administration could take their lands by demolishing the structures constructed on them.

The UT administration has made it clear that all those influential and powerful actors who have misused their power to grab large chunks of state land are under the radar and not the common masses. However, even after the assurance given by the administration, people are protesting against it.

Lieutenant Governor Manoj Sinha alongside his cabinet including Chief Secretary Arun Kumar, Sunil Sharma, Ravinder Raina and other party members assured that no action will be taken against those people who are poor and have constructed their homes and residential places out of necessity and have no other place to settle. In addition, he also assured that the administration is actively trying to frame a policy through which the homes and colonies are regularized through proper procedure.

The major concern of people right now is how much land the UT administration will provide to poor people. BJP leader Sunil Sharma, while addressing different media platforms said, “Anyone who has constructed his house on state land ranging from 5-15 marla will be exempted from the land eviction drive currently going on.”

Meanwhile, the protesting bodies claim that the administration shall issue a formal order in black and white, stating that poor people will be given relief in this drive. Many ex-politicians including MPs have also spoken to Lieutenant Governor regarding this issue, and all the people have been given due assurance. Former chief minister Ghulam Nabi Azad met the union home minister and raised the same issue with them.

Given that there are currently hundreds of thousands of people who are living on these state lands, it is important that government must adopt a humanitarian approach while addressing this issue and frame a policy through which poor and common masses are given relief through regularization.

SRINAGAR — The High Court of Jammu and Kashmir and Ladakh has stayed the Contractual Advertisement Notice of the Islamic University of Science and Technology (IUST), upholding that a contractual faculty cannot be replaced with another contractual faculty.

The High Court of Jammu & Kashmir stayed the Advertisement Notification published on 19-12-2022 vide Adv No: IUST/DAA-Acad/22/2031, inviting applications for fresh recruitment of contractual teaching faculty at the Islamic University of Science and Technology (IUST).

The High Court of Jammu Kashmir and Ladakh vide Order No: WPC-3004/2022 and WPC-3067/2022 dated 30-12-2022 strongly stayed the recruitment process of the contractual faculties in the subjects like the English Language and Literature, Management Studies, Mathematics, Islamic Studies, and Architecture as the petitioners were aggrieved of the notification, saying that as per the Supreme Court, a contractual faculty can’t be replaced by another contractual faculty.

The court order reads, “The impugned advertisement notice to the extent of inviting applications for the posts of Assistant Professors (in the subjects mentioned above) is stayed and the respondents are directed to maintain the present status of the petitioners.” The said order was issued by the court of Justice Sanjay Dhar.

The faculty members/petitioners had approached the High Court seeking justice when the university issued the uncalled-for notification through which their services were threatened and their future was put in the dark. It was only after this judgment that the said faculty members heaved a sigh of relief.

While contacting the petitioner, it was found that they have full faith in the Court of justice. They are hopeful now that their livelihood is safeguarded.

One of the faculty members, who has been working as a contractual Assistant Professor (English) for around the last six years, said that High Court gave a strong judgment in favor of the Contractual Assistant Professors of the Islamic University of Science and Technology (IUST).

Another petitioner, who is an Assistant Professor in the Department of Management Studies, expressed satisfaction over the judgment and hoped that the Islamic University of Science and Technology administration will no longer play with the future of highly qualified faculty members.

SRINAGAR — High Court of J&K and Ladakh on Wednesday announced a 15-day winter vacation in Subordinate Courts in the Union Territory of Jammu & Kashmir from January 2.

Order No. 2037, in this connection, states that all the Subordinate Courts in Kashmir Province and the Courts located in District Kishtwar, District Doda, and Courts located at Batote, Gool, Banihal and Ukhral in District Ramban and Bani in District Kathua of Jammu Division in the Union Territory of Jammu & Kashmir, as well as all Courts located in the Union Territory of Ladakh, shall observe 15-days winter vacations with effect from 02-01-2023 to 16-01-2023 (both days inclusive).

Meanwhile, the Principal District and Sessions Judges and Chief Judicial Magistrates of the concerned districts shall make suitable arrangements for the disposal of urgent criminal business arising during the period of such vacations in the areas within their respective jurisdictions.

SRINAGAR — The Jammu & Kashmir Government has appointed advocate Mohsin Qadri and advocate Monika Kohli as Additional Advocate General.

According to orders issued by J&K Government, the copies which are in possession of the news agency KNO, advocate Mohsin Qadri has been appointed as AAG in Srinagar wing of J&K High Court and advocate Monika Kohli in Jammu wing of J&K High Court.

SRINAGAR — The Supreme Court Collegium has recommended Justice Ali Mohammad Magrey to be the new Chief Justice of J&K and Ladakh High Court.

The apex court Collegium headed by Chief Justice of India U U Lalit also recommended the transfer of incumbent Chief Justice Pankaj Mithal to the High Court of Rajasthan, according to the copies of the recommendations with the news agency GNS.

Justice Ali Mohammad Magrey was born on December 8, 1960 in village Wattoo, Tehsil Damhal Hanjipora of district Kulgam in south Kashmir. He received school education in his native village and did his Graduation and LL.B (Hon’s) from the University of Kashmir.

He was enrolled as an Advocate in the year 1984 and started practising law in the District courts, including Revenue Courts/Tribunals; simultaneously started conducting matters in the High Court. Justice Magrey remained as standing counsel from 1986 onwards for the State Financial Corporation; Jammu & Kashmir Bank and SIDCO; Sher-i-Kashmir Institute of Medical Sciences; Power Development Department; Service Selection Board; Jammu & Kashmir Wakf Board.

Justice Magrey was appointed as Additional Advocate General in February 2003 with allocation to General Administration Department, Health and Medical Education Department, Service Selection Board, State Public Service Commission, Estates Department, SKIMS and Vigilance Department.

He was appointed as Senior Additional Advocate General in September 2009 with an additional charge of Home Department and appeared and conducted important criminal, Division Bench and Full Bench matters involving important questions of law, on behalf of the State in the High Court as also in numerous appeals in the Supreme Court of India.

Justice Magrey also appeared and conducted important Public Interest Litigation matters, constitutional matters, Service matters, Tax matters, Civil matters involving high stakes and important issues and Arbitration matters. Justice Magrey appeared in commissions of inquiry also on behalf of the State of J&K etc before being appointed as Permanent Judge of the High Court of Jammu and Kashmir on March 7, 2013 and took the oath of office the next day.

SRINAGAR — In order to ease the burden on National Investigation Agency (NIA) courts, Jammu and Kashmir High Court on Saturday ordered the constitution of exclusive special courts for NIA cases.

In an order, as per the news agency KNO, Registrar General, J&K High Court, Sanjeev Gupta stated that to ease the pressure on the NIA courts, the Chief Justice has been pleased to transfer the Civil, Session trial cases (except rape cases) and NDPS cases pending in the Court of Additional District and Sessions Judge, (NIA Special Court), Anantnag to the Court of Principal District and Sessions Judge, Anantnag for disposal in accordance with the law.

“Similarly, Session trial cases, NDPS and Civil Cases are transferred from the Court of Additional District and Sessions Judge (NIA Special Court), Baramulla to the Court of Principal District and Sessions Judge, Baramulla for disposal in accordance with the law,” reads the order.

It added that further NIA Special Courts in Anantnag and Baramulla are directed to expedite and take up the cases on priority.

SRINAGAR — The High Court of Jammu and Kashmir and Ladakh has ordered to maintain the status quo on a plea filed by the petitioners against the closing of schools functioning on State or Kahcharai land.

The High Court, after hearing learned counsel for the petitioners, in an order said the court is satisfied that the petitioners have prima facie made out a case for ad-interim relief at this stage.

The court stated that subject to objections to be filed by the respondents and till the next date of hearing, the status quo, as on date, shall be maintained. It further stated that the case is listed on July 18.

Notably, authorities had directed concerned CEOs to stop schooling in all those private schools that were functioning on State or Kahcharai land.

SRINAGAR — The government has decided to challenge J&K and Ladakh High Court’s judgment regarding the exhumation of the body of Amir Latief Magrey, one of the four persons killed in an “encounter” at Hyderpora area of Srinagar last year.

Allowing a petition by Amir’s father — Mohammad Latief Magrey — a single bench the court on May 27 last had asked the government to make appropriate arrangements for transportation of the body to the native village in Ramban for according burial “sans further delay”.

A senior officer told GNS that the government has decided to file an appeal against the verdict in the Division Bench. Asked about the grounds of challenge, he said, “Same are at the final stage of drafting.”

The court had asked the government to make appropriate arrangements for the transportation of Amir’s body to the native village of Thatharka Seripora in the Tehsil Gool area of Ramban district with “promptitude and without wasting any further time.”

“(The) respondents (officials) are (directed) to make arrangements for the exhumation of the body/remains of the deceased Amir Latief Magrey from the Wadder Payeen graveyard (in Kupwara district) in presence of the petitioner (Amir’s father),” the court had said and asked the government to make appropriate arrangement for transportation of the body to his native village for burial “in accordance with the traditions, religious obligations and religious faith which the deceased professed during his lifetime, provided it is in a deliverable state.”

However, the court had left the government free to impose any “reasonable terms and conditions” regarding exhumation, transportation and burial of the body.

“Since the body must be in advance stage of putrefaction, as such, it would be desirable that the respondents (officials) act with promptitude and do not waste any further time,” the court had said, adding, “However, if the body is highly putrefied and is not in deliverable state or is likely to pose risk to public health and hygiene, the petitioner (Amir’s father) and his close relatives shall be allowed to perform last rites as per their tradition and religious belief in the Wadder Payeen graveyard itself.”

In that situation, the court said, the State shall pay Amir’s father a compensation of Rs. 5 lakhs for “deprivation of his right to have the dead body of his son and give him decent burial as per family traditions, religious obligations and faith which the deceased professed when he was alive.”

The court has held that the right of the next of kin of the deceased to have their dear one cremated or buried as per the religious obligations and religious belief was part and parcel of the right to life guaranteed under Article 21 of the Constitution of India.

Rejecting the government’s contention that the decision not to hand over the body was taken in the “larger public interest and to prevent the situation of law and order going out of hand”, the court termed it “arbitrary” and against Article 14 of the Constitution of India (equality before law).

SRINAGAR — The High Court of J&K and Ladakh on Friday ruled that State cannot deny the constitutional rights, which also include the right of the next of kin of the deceased to have their dear one cremated or buried as per the religious obligations and religious belief, in the name of preventing law and order situation going out of hand.

A bench of justice Sanjeev Kumar made this ruling while allowing a petition filed by Mohammad Latief Magrey, seeking a decent burial of his son who was one among the persons killed in an “encounter” in Hyderpora area of Srinagar last year.

"The right of the next of kin of the deceased to have their dear one cremated or buried as per the religious obligations and religious belief was part and parcel of the right to life guaranteed under Article 21 of the Constitution of India," the court observed.

Turning down the government’s contention that the decision of not to hand over the body was taken in the “larger public interest and to prevent the situation of law and order going out of hand”, the bench termed it “per-se arbitrary” and against Article 14 of the Constitution of India.

“The respondents (government functionaries), however, have not come clear as to why the dead bodies of two of the four killed in the encounter, namely Altaf Ahmad Bhat and Dr Mudasir Gul were exhumed and handed over to their relatives for their last rites in the graveyards of their choice and why the similar right claimed by petitioner (Mohammad Latief Magrey) was denied,” the court said.

The government, the Bench said, tried to draw a distinction by submitting that as per the investigation conducted by the SIT, Amir was a confirmed militant whereas the other two killed, namely Altaf Ahmad Bhat and Dr Mudasir Gul were “only associates of the terrorists”.

“I do not find any logic or sense in distinction so made by the respondents. It transpires that due to public pressure and demand by the relatives of the two deceased, namely Altaf Ahmad Bhat and Dr Mudasir Gul, the respondents relented and permitted their dead bodies to be exhumed and handed over to their relatives,” the court said as per GNS, adding, “Since the petitioner was a resident of Gool, a remote village in Jammu Province and did not have much say in the Valley and, therefore, his request was arbitrarily turned down.”

The action of the government, the court said, “is not traceable to any procedure established by law which is just, fair and equitable.”

It said, “At least none was brought to the notice of this Court. The decision of the respondents not to allow the petitioner (Mohammad Latief Magrey) to take away the dead body of his son to his native village for last rites was per-se arbitrary and falls foul of Article 14 of the Constitution of India.”

The court also rejected the apprehension of law and order getting vitiated if Amir’s body was handed to the father then as “illusory”.

“When the respondents could maintain the law and order situation when the dead bodies of two, namely Altaf Ahmad Bhat and Dr Mudasir Gul were exhumed and handed over to their relatives for last rites on 18.11.2021, it is not difficult for the respondents to make necessary arrangements for the exhumation of the dead body of Amir Latief Magrey and transport the same in proper escort to his (native village),” the court said.

SRINAGAR — Jammu and Kashmir High Court on Friday directed the J&K Government to exhume the body of Ramban youth who was killed in an alleged "encounter" last year in Hyderpora area of summer capital Srinagar.

Sources told news agency Kashmir Dot Com that the High Court has directed the government to exhume the body of Amir Magray, who was killed in the alleged encounter in Hyderpora along with three others.

"If the body is decomposed, the government will pay Rs. five lakh compensation to Magray’s family," said the High Court and directed the government to facilitate the transportation of the mortal remains to his hometown.

The controversial encounter at Hyderpora in Srinagar led to the killing of a dentist along with his employee, a trader and a militant.

It is pertinent to mention that the police had permitted the exhumation of two bodies of Altaf Ahmad and Dr Gull, who were killed in the “operation”, and their re-burial in their ancestral graveyards in Srinagar.

Following the encounter, the Ramban family was seeking the return of their slain son’s body, which was buried in north Kashmir’s Handwara district.

Head of the SIT, DIG Sujith K Singh at a presser earlier this year said that investigation has revealed that Amir was closely associated with the foreign militant ‘Bilal Bhai’, “who was killed in the operation while trying to flee”.

Amir’s father, Mohammad Latief Magray, had filed the petition through counsel Deepika Singh Rajawat in December last year for the exhumation of Amir’s body.

SRINAGAR — People’s Democratic Party’s youth wing president Waheed-ur-Rehman Parra has been granted bail by Jammu and Kashmir High Court on Wednesday, ordering his immediate release.

Shariq Reyaz, Parra's counsel, informed the news agency Kashmir News Observer (KNO) that he has been granted bail by the high court.

"Order of trial court set aside. Had the onerous duty to lead his defence and argue his bail appeal. Waheed walks out after more than a year in custody," informed his lawyer.

Reacting to the judgement, PDP President Mehbooba Mufti tweeted, "Finally after almost two years, Waheed Para gets bail & I hope he walks out as a free man soon. Would like to thank his lawyer Shariq for fighting his case with such conviction & determination."

Parra was arrested by National Investigation Agency (NIA) in connection with a 'terror' case in 2020, since then he was in judicial custody.