The Supreme Court rejected a request on Monday by Amir Magrey’s father to exhume his body nearly 10 months after his death in Kashmir’s Hyderpora area last year. The court stated that it was not appropriate to disturb the grave at this time and emphasized the importance of respecting the deceased.

The judges emphasized that there was no evidence to suggest that Amir’s body was mistreated and that he was buried with dignity. Amir was one of four individuals killed by police in the Hyderpora area of JK’s Budgam district on November 15 last year. While two bodies were exhumed and returned to their families, Magrey and another individual were buried in Kupwara district, 80 kilometers north of Srinagar.

The police claimed all four men were militants, but controversy arose when Amir’s family insisted he was a civilian. Despite the family’s plea, the SC bench noted that nearly 9 months had passed since the burial, indicating the body may not be in a suitable condition for exhumation. The HC had previously refused Magrey’s request, citing concerns for public order.

Upholding the HC’s decision, the SC stated that fundamental rights must be balanced with public order, morality, and health considerations.