HC refuses to entertain PIL to remove graves of Afzal Guru, Maqbool Bhatt from Tihar Jail premises

New Delhi, Sep 24 (PTI) The Delhi High Court on Wednesday refused to entertain a plea seeking directions to remove the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from Tihar Jail premises here.

The two terrorists were sentenced to death and executed in Tihar Jail. 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Upadhyaya and Justice Tushar Rao Gedela permitted the petitioners to withdraw the PIL and treated it “dismissed as withdrawn”.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 violation of constitutional rights, fundamental rights or statutory rights. No law or rule prohibits cremation or burial inside the jail premises,” the bench said.

The PIL also 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.

The plea filed by Vishwa Vedic Sanatan Sangh and one Jitendra Singh 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, representing the petitioners, claimed that presence of these graves has turned the central jail, Tihar, into a site of “radical pilgrimage” where extremist elements gather 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 plea said both Bhatt and Guru, acting under the influence of “extremist Jihadi ideology”, orchestrated and executed acts of terrorism that gravely threatened the sovereignty, territorial integrity and security of India.

While Bhatt was hanged in 1984, Guru was executed in February 2013. PTI SKV SKV DV DV