J&K encounter: SC junks plea seeking exhumation

NEW DELHI: Noting that once a body is buried, it should not be disturbed, the Supreme Court on Monday rejected a plea by the father of Amir Magrey, who was killed in an encounter between the police and militants in Hyderpora to exhume his son’s body for last rites.A bench of Justices Surya Kant and JB Pardiwala said that the body was buried with dignity and that was nothing to indicate that the body was dealt with in any manner insulting or hurting family’s religious feelings.

Upholding J&K HC’s order of allowing the family to perform religious rites but declining to grant permission to disinter the body of the deceased for the purpose of religious rituals, the bench said,
“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 disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed. A court will not ordinarily order or permit a body to be disinterred unless there is a strong showing of necessity that disinterment is within the interests of justice. Each case is individually decided, based on its own particular facts and circumstances.”
Noting that India has no legislation relating to exhumation expect one provision in the Code of Criminal Procedure, the Court asked the Centre to consider enacting an appropriate law on exhumation.