Delhi HC declines plea to remove Afzal Guru, Maqbool Bhatt graves from Tihar

The Delhi High Court on Wednesday declined to entertain a petition seeking the removal of the graves of Mohammad Afzal Guru and Mohammad Maqbool Bhatt from the premises of Tihar Jail. Both men were convicted and executed for terrorism-related offences and buried within the jail compound.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made it clear that no existing law or prison rule prohibits cremation or burial within jail premises.

The plea, filed by a social organisation and an individual petitioner, argued that the presence of these graves inside a state-controlled prison could lead to the glorification of terrorism and has allegedly turned Tihar Jail into a "radical pilgrimage site" where extremist elements gather to pay homage to the two convicted terrorists.

The petition also sought that, if necessary, the remains be relocated to an undisclosed location to prevent any symbolic veneration and maintain public order. The court, however, questioned the basis of these claims and noted that the petitioners had not provided any concrete data or statutory violation to justify the intervention.

While the petitioners argued that such information was available in the public domain and had been reported by the media, the bench observed that newspaper reports alone could not form the basis of a Public Interest Litigation.

VIDEO | Delhi: Advocate Barun Kumar Sinha on Delhi HC hearing on PIL seeking removal of graves of Afzal Guru, Maqbool Bhatt from Tihar jail premises says, "The court noted that data on the issue is unavailable, including distance and adherence to jail rules, and highlighted a… pic.twitter.com/AVn9JyY8bf

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The court also dismissed arguments suggesting that the presence of the graves caused nuisance or posed a health hazard, stating that no inmate had complained and no such issues had been demonstrated on record.

On the contention that prison rules mandated the disposal of bodies outside the jail to prevent glorification, the court noted that the Delhi Prisons Rules do not require every executed prisoner’s body to be taken outside the premises. The rules emphasise dignified handling of remains if they are removed, but do not prohibit burial within the prison if approved by authorities.

The bench further remarked that the decision to bury Guru and Bhatt inside Tihar Jail had been taken by the government in the interest of maintaining law and order at the time. It asked the petitioners why they had chosen to raise the issue more than a decade later.

"Somebody's last rites are to be respected. At the same time, we need to ensure that no law and order issue arises. The government decided to have the burial in jail keeping these issues in mind. Can you challenge it 12 years later?" the bench asked.

In light of the court’s reservations, the petitioners requested permission to withdraw the plea and return with additional data. The court dismissed the PIL as withdrawn but left the door open for it to be refiled with adequate evidence and legal grounding.

With PTI inputs