HC asks Centre, J&K govt
to file objections
KT NEWS SERVICE
SRINAGAR, Aug 2: The state High
Court has issued notices to the union government and the chief secretary of the
state for not handing over the mortal remains of Maqbool Butt, the founding
chairman of JKLF, to his heirs; and raising a structure over his grave in the
premises of Tihar Jail in Delhi. Maqbool Butt was hanged to death on February
11, 1984 after he was awarded a death sentence by a special court of the state.
Reports said that the petition OWP-305/05 filed by the Bar association in
this regard, was heard today by Justice Nisar Ahmad Kakroo in the state High
Court. After hearing the contention of the bar which was represented Advocate
Nisar Ahmad, Justice Kakroo issued notices to union home ministry, Director
General of Police (Jails) and the chief secretary of the state.
Justice
Kakroo has directed them to present their objections within six weeks. Bar
association, in its petition, had written that the mortal remains of Maqbool
Bhat were not handed over to his heirs after he was awarded death sentence by a
special court of the state
It has been mentioned in the petition that the
family members of Butt had requested the authorities many times during the last
24 years to return the mortal remains, but the latter did not oblige. Quoting
references from Iftiqar Gilan's book "My Days in Prison," the petition mentions
the desecration of the grave of Bhat and raising of a structure over the grave.
Bar has also mentioned in the public interest petition that Hurriyat and it
observed a hunger strike in June this year for demanding the mortal remains of
Butt. It has been further said in the petition that the mortal remains of any
prisoner are supposed to be handed over to his heirs after the death sentence,
but in the case of JKLF founding chairman this legal binding not followed.
Giving legal contention, the petition says that the mortal remains are
buried inside the jail premises only after the heirs of the dead prisoner do not
turn up to take the mortal remains. It has been said in the petition that the
jail authorities did not follow these legal rules.