Delhi HC dismisses plea to remove graves of Afzal Guru and Maqbool Bhatt from Tihar Jail premises
The plea claimed that existence of these graves inside the jail "violates the express provisions of the Delhi Prisons Rules, 2018", which mandate disposal of bodies of executed prisoners in a manner that prevents glorification, ensures prison discipline, and maintains public order.
The Delhi High Court on Wednesday dismissed a PIL seeking the removal of the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from the premises of Tihar Jail. in the national capital. The two terrorists were sentenced to the death penalty and executed inside the prison.
What did the court say?
Sensing the high court's indication, the petitioners' counsel urged the court to allow him to withdraw the petition and re-file it with certain data. A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela permitted the petitioners to withdraw the PIL and treated it "dismissed as withdrawn".
"For approaching the court for a relief in a PIL, you have to show us a violation of constitutional rights, fundamental rights or statutory rights. No law or rule prohibits cremation or burial inside the jail premises," the bench said.
What was sought in the PIL?
The plea filed by Vishwa Vedic Sanatan Sangh and one Jitendra Singh sought directions to the authorities concerned to relocate the mortal remains, if necessary, to a secret location to prevent "glorification of terrorism" and misuse of jail premises.
They claimed the construction and continued existence of these graves inside a state-controlled prison was "illegal, unconstitutional, and against public interest".
Advocate Varun Kumar Sinha, appearing for the petitioners, argued that the graves of Afzal Guru and Maqbool Bhatt inside Tihar Jail had effectively turned the prison into a "radical pilgrimage site," attracting extremist sympathisers who sought to venerate convicted 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 argued.
To this, the bench asked where is the data to say that people are going inside to pay homage at the graves of Guru and Bhatt.
The plea claimed that existence of these graves inside the jail "violates the express provisions of the Delhi Prisons Rules, 2018", which mandate disposal of bodies of executed prisoners in a manner that prevents glorification, ensures prison discipline, and maintains public order.
"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," it said.
The petition described both Bhatt and Guru as terrorists who, under the sway of "extremist Jihadi ideology," committed acts that gravely endangered India’s sovereignty and security. Bhatt was executed in 1984, and Guru in February 2013.
While Maqbool Bhatt was executed in 1984, Afzal Guru was hanged in February 2013. Both were convicted of carrying out terror activities that gravely endangered India's sovereignty and security.
(With PTI inputs)