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Handing militant’s remains to family: HC issues notice to Government.

The High Court on Thursday issued a notice to the state government seeking directions for the exhumation of the remains of Mudasir Ahmad Bhat, the slain militant who was buried in a forest in Kupwara. Mudasir had been killed by the government forces in a shootout on June 29 this year.

A bench of Justice Alok Aradhe issued the notice on a petition filed by Ghulam Muhammad Bhat, the father of the slain man. Bhat had approached the court through his counsel, Mian Abdul Qayomm, seeking directions for the exhuming of the remains of his son so that they are buried in accordance with the Muslim rites.

After hearing advocate Qayoom as well as the counsels representing the government, the court issued notice returnable within four weeks to Commissioner/Secretary Home Department, Director General of Police J&K, Senior Superintendent of Police, Kupwara, Station House Officer, Police Station Kralpora and Deputy Commissioner, Kupwara.

Advocate General D C Raina and senior additional advocate general B A Dar accepted the notice on behalf of the government. After Raina and Dar sought short adjournment to file the response, the court listed the petition for July 25.

Mudasir was buried at the NK Gali area of the Jumgund forests in the Kupwara forests on June 29 after the post-mortem was conducted on his body.

Even though, on 03.07.2018, I along with a delegation comprising several other people of Barzullah locality, visited police station Kralpora, we were shown the photograph of the slain youth and after looking at the photograph, I recognized his son and broke down saying  he is Mudasir,” pleaded Mudasir’s father.

Bhat told the court that a team of doctors on July 4 took his blood and DNA sample for an examination by the forensic experts.

Bhat said that at the time his blood and DNA samples were being taken, he was told that the experts from the forensic laboratory will cross-examine the samples with that of the slain youth and after the procedure is completed, a report will be forwarded to District Administration, which will exhume the body and if the samples match, return the body to the petitioner.

“The DNA samples were taken only after the family members met Muneer Ahmad Khan, ADGP, Law & Order, who also stated that the body would be handed over to the family, if the samples match” he submits.

“However, even after taking the DNA samples on 04.07.2018 and receiving the expert report, the respondents have not returned the body to the family which is a clear violation of the constitutional mandate requiring,” Bhat pleaded.

Bhat further submitted that the respondents have no justification not to return the body to the family because the body has been identified by him after looking at the photographs shown to him by the SHO Police Station Kralpora.

According to the petitioner, in the month of December 2016, Mudasir had left his home in Old Barzullah Srinagar, after entering into a mild verbal argument with him.

He told his family that he was going to Delhi to get a visa for Saudi Arabia to take up a job in that country. In late June, an unidentified man on a motorbike came to the petitioner’s home and delivered a hand written letter to the petitioner’s family stating that the petitioner’s son has been killed in Kupwara.

Heavy clashes broke out in Barzulla area of Srinagar as locals demanded that the remains of the slain man be handed over to his family for the burial.

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