The Delhi High Court on Wednesday refused to entertain a petition that sought the removal of the graves of Mohammad Afzal Guru and Mohammad Maqbool Bhatt from within Tihar Jail, where both men were executed following death sentences.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed the petitioners to withdraw the plea after their counsel, sensing the court’s reluctance, requested permission to refile the case with additional data. The Public Interest Litigation (PIL) was accordingly “dismissed as withdrawn”.
“For approaching the court for a relief in a PIL, you have to show us violation of constitutional rights, fundamental rights or statutory rights. No law or rule prohibits cremation or burial inside the jail premises,” the bench observed during the hearing.
What The Petition Demanded
The PIL, filed by Vishwa Vedic Sanatan Sangh along with Jitendra Singh, sought directions to relocate the remains of Guru and Bhatt to a secret location. The petitioners argued that such a move was necessary to prevent “glorification of terrorism” and to avoid any misuse of the jail premises.
Advocate Varun Kumar Sinha, representing the petitioners, claimed that the existence of these graves had effectively turned Tihar Jail into a site of “radical pilgrimage,” drawing extremist sympathisers to venerate the deceased terrorists.
“This not only undermines national security and public order, but also sanctifies terrorism in direct contravention of the principles of secularism and rule of law under the Constitution of India,” he told the court.
The bench, however, questioned the absence of evidence and asked the counsel to provide data showing that people were indeed visiting these graves to pay homage.
PIL Claimed Violation Of Prison Rules
The plea further alleged that the continued presence of these graves violated provisions of the Delhi Prisons Rules, 2018. The rules stipulate that the remains of executed prisoners must be disposed of in a manner that maintains public order, prevents glorification, and upholds prison discipline.
“The petitioners therefore seek the urgent intervention of this court to direct the respondents to remove the said graves from Tihar Jail and ensure their relocation in a secure, undisclosed manner, in line with established state practice in the cases of executed terrorists such as Ajmal Kasab and Yakub Memon, where every precaution was taken to prevent glorification,” the petition read.
Maqbool Bhatt, convicted of terror-related crimes, was hanged in Tihar Jail in 1984. Mohammad Afzal Guru, sentenced to death for his role in the 2001 Parliament attack, was executed in February 2013.
Both men were buried inside the jail premises following their executions.
(With inputs from PTI)
