The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) that sought the removal of the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from the premises of Tihar Jail. Both men, convicted in separate terror-related cases, were executed at the prison and buried there.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela permitted the petitioners to withdraw the plea after their counsel requested liberty to re-file it with additional data. “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rule prohibits cremation or burial inside the jail premises,” the bench observed, treating the matter as “dismissed as withdrawn.”
The PIL, filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh through advocate Varun Kumar Sinha, argued that the graves’ existence inside a state-run prison was “illegal, unconstitutional, and against public interest.” The petitioners contended that the presence of these graves had turned Tihar Jail into a site of “radical pilgrimage” where extremist elements could gather to venerate convicted terrorists.
They further asserted that this practice undermined national security, glorified terrorism, and violated the Delhi Prisons Rules, 2018, which mandate disposal of bodies of executed prisoners in a manner that prevents glorification and maintains prison discipline. The plea cited the cases of Ajmal Kasab and Yakub Memon, where authorities had ensured secret burials to prevent misuse.
The bench, however, questioned the petitioners on the absence of supporting evidence. “Where is the data to say that people are going inside to pay homage at the graves of Guru and Bhatt?” the court asked. Noting the lack of substantive proof and statutory violations, it refused to grant relief.
Mohammad Maqbool Bhatt, co-founder of the Jammu Kashmir Liberation Front (JKLF), was executed in Tihar Jail in 1984 for involvement in anti-India activities, including the murder of a diplomat. Afzal Guru, convicted for his role in the 2001 Parliament attack, was executed in February 2013.
