NDLI: Mohammad Latief Magrey Vs. The Union Territory of Jammu and Kashmir & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India – Arts. 14, 21, 25, 26 and 136 – Code of Criminal Procedure, 1973 – s. 176(3) – Exhumation of the dead body – There was an encounter between militants and Police – Four militants were shot including the son of appellant – FIR was registered – During the investigation four bullet ridden unidentified dead bodies were recovered from the site of the encounter – Bodies of two out of four persons were later exhumed and handed over to their relatives for performing their last rites – The bodies of the other two persons (Son of appellant and one other) were buried through Auqaf Committee and were not disinterred and handed over to their families – The appellant approached the High Court – Single judge of the High Court directed the respondents to make necessary arrangement for the disinterment of the body/remains of the deceased – The respondent filed LPA and challenged the order passed by the Single judge – The High Court permitted the appellant and his family member to perform religious rituals/prayers of the deceased but declined to grant permission to disinter the body of the deceased for the purpose of religious rites – The appellant approached the Supreme Court and submitted that that appellant has a fundamental right U/Art. 21 to perform last rites of his dead son in accordance with the rituals – Held: The body was buried with dignity – After a body has been buried, it is considered to be in the custody of the law, therefore, disinterment is not a matter of right – The law does not favour disinterment as sanctity of grave should be maintained – Court will permit disinterment only if it is within the interests of justice – The right to have a dignified life U/ Art. 21 is not only available to living person but also to dead – Almost 9 months have passed post burial which suggest that body may not be in a deliverable state. Constitution of India – Article 136 – Scope and power of Supreme Court – Only when exceptional and special circumstances exist; that substantial and grave injustice has been done and the case and question presents features of sufficient gravity than only Court would exercise powers under Article 136 – To be exercised sparingly and in exceptional cases only.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 947
Petitioner	Mohammad Latief Magrey
Respondent	The Union Territory Of Jammu And Kashmir & Ors.
SCR	[2022] 11 S.C.R. 236
Judgement Date	2022-09-12
Case Number	6544

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Mohammad Latief Magrey Vs. The Union Territory of Jammu and Kashmir & Ors.

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