Delhi High Court refuses to remove Afzal Guru and Maqbool Bhat’s graves from Tihar Jail, stating that the graves cannot become a pilgrimage site or be glorified without proper evidence.
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NEW DELHI: The Delhi High Court recently declined to entertain a public interest litigation (PIL) seeking the removal of the graves of Kashmiri separatist leaders Maqbool Bhat and Afzal Guru from Tihar Jail, citing the absence of legal prohibition and the need for empirical evidence.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the decision to maintain or relocate graves lies within the domain of the government, considering factors like law and order.
Highlights of the PIL
The PIL, filed by the Vishwa Vedic Sanatan Sangh, argued that the graves had transformed Tihar Jail into a “site of radical pilgrimage,” where extremist elements allegedly venerate convicted terrorists. The petition claimed that this not only undermines national security but also violates principles of secularism and the rule of law under the Indian Constitution.
The petitioner urged the Court to direct authorities to relocate the mortal remains to a secret location to prevent glorification of terrorism and misuse of jail premises. It also referenced the Delhi Prisons Rules, 2018, arguing that they mandate the disposal of executed prisoners’ bodies in a way that prevents glorification and maintains prison discipline.
Court’s Response
The Delhi High Court, however, emphasized that the petition must be supported by empirical data, not just newspaper reports, to prove any glorification of the graves. The Bench remarked:
“We agree that there should be no pilgrimage or glorification but there has to be data on this. We can direct the jail authorities to stop that, but removing the grave after 12 years is not justified.”
The Court further questioned whether the PIL pointed to any specific law prohibiting graves inside prisons. It noted that while the Delhi Municipal Corporation Act regulates burial grounds, Tihar Jail is a State-controlled facility and not a public place, and the graves were placed with government consent to avoid potential law and order issues.
The Bench also expressed concern over the delay in filing the PIL, noting that the graves have existed for nearly 12 years.
“Somebody’s last rites are to be respected. At the same time, we need to ensure that no law and order issue arises. Government decided to have the burial in jail keeping these issues in mind. Can we challenge that 12 years later?”
Ultimately, the petitioner sought permission to withdraw the PIL with liberty to file a fresh one, provided there is empirical evidence showing that the graves are being treated as a site of pilgrimage or glorification. The Court allowed the withdrawal and dismissed the plea as withdrawn.
