HC Rejects PIL Seeking Removal of Afzal Guru, Maqbool Bhat Graves from Tihar Jail Premises

New Delhi, Sep 24: The Delhi High Court on Wednesday refused to entertain a Public Interest Litigation (PIL) seeking directions to remove the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhat from Tihar Jail premises.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed the petitioners to withdraw their plea, treating it as “dismissed as withdrawn.” The bench observed that to seek relief through a PIL, there must be evidence of violation of constitutional, fundamental, or statutory rights. “No law or rule prohibits cremation or burial inside the jail premises,” the court noted.

The plea, filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, had argued that the presence of the graves inside a state-controlled prison was “illegal, unconstitutional, and against public interest,” claiming it turned Tihar Jail into a site of “radical pilgrimage” where extremist elements venerate convicted terrorists. Advocate Varun Kumar Sinha, representing the petitioners, asserted that the graves undermine national security, public order, and secular principles.

The bench questioned the petitioners on the lack of data to substantiate their claims that people were visiting the graves to pay homage. The plea had cited provisions of the Delhi Prisons Rules, 2018, which mandate the disposal of executed prisoners’ bodies in a manner that prevents glorification of terrorism, maintains prison discipline, and safeguards public order. It also highlighted that similar precautions were taken in the cases of executed terrorists like Ajmal Kasab and Yakub Memon.

Afzal Guru was executed in February 2013, while Maqbool Bhat was hanged in 1984. The PIL sought their graves’ relocation to a secure, undisclosed location to prevent misuse, but the court’s observations and lack of supporting evidence led to its withdrawal.