Consider Law On Exhumation of Bodies: Supreme Court to Centre

The direction came on the plea by a resident of Kashmir, who sought exhumation of the body of his son, who had died along with three terrorists during an encounter.

India has no law on exhumation of bodies, the Supreme Court remarked today, and asked the centre to "consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand". The court's direction came on the plea by a resident of Jammu and Kashmir, who sought exhumation of the body of his son, who had died along with three terrorists during an encounter. The authorities had buried his body instead of handing it over to the family despite their appeals.

Dismissing the plea of the father, Latief Magrey, a bench of Justices Surya Kant and JB Pardiwala 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".

Amir Magrey was killed in an encounter in Hyderpora along with three other terrorists in November last year. His father, Mohammad Latief Magrey, had appealed for exhumation so the last rites can be performed.

Latief Magrey had initially approached the authorities of Jammu and Kashmir for the body, but his request was declined and the body was buried at the Wadder Payeen graveyard.