In Brief
A father sought to exhume his son's body buried after the son was killed in an encounter with police forces, to perform last rites according to Islamic tradition. The High Court's single judge granted exhumation, but the Division Bench modified the order, allowing only post-burial prayers at the graveyard with Rs. 5 lakh compensation. The Supreme Court dismissed the appeal, holding that while the right to a decent burial is protected under Article 21, it is not absolute and must yield to public order considerations. With the body buried for nine months and significantly decomposed, exhumation was not warranted. The Court affirmed that the body was buried with dignity and religious respect, and that allowing prayers at the graveyard plus compensation provided equitable relief.
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