The Delhi High Court recently dismissed a petition that sought the removal of the graves of Mohammad Afzal Guru and Mohammad Maqbool Bhatt from the Tihar Jail premises.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela granted the petitioners permission to withdraw their Public Interest Litigation (PIL), effectively treating it as dismissed.
The High Court observed, “To approach the court for relief in a PIL, you must demonstrate a violation of constitutional rights, fundamental rights, or statutory rights. There is currently no law or rule that prohibits cremation or burial within jail premises.”
Mohammad Maqbool Bhatt, convicted on terrorism charges, was executed in 1984. Mohammad Afzal Guru was hanged in February 2013 following his death sentence in connection with the 2001 Parliament attack case.
The petition, filed by the Vishwa Vedic Sanatan Sangh and Jitendra Singh, argued that the continued presence of these graves was “illegal, unconstitutional, and against public interest.” They contended that the graves had unfortunately become a site for “radical pilgrimage” within the jail.
While acknowledging the concern that “there should be no pilgrimage or glorification,” the Bench emphasized that any order necessitating their removal would require concrete evidence of individuals visiting the graves to pay homage.
Furthermore, the plea had asserted that the existence of these graves contravened the Delhi Prisons Rules, 2018. These rules stipulate that the bodies of executed prisoners must be disposed of in a manner that prevents glorification, ensures prison discipline, and maintains public order.