Delhi HC junks PIL to remove graves of Afzal Guru, Maqbool Bhatt from Tihar Jail

The court observed that the decision to bury them within the prison was a sensitive call taken by the government at the time of their execution

The Delhi High Court on Wednesday dismissed a petition seeking removal of graves of Parliament attack convict Mohammad Afzal Guru and Kashmiri separatist leader Mohammad Maqbool Bhatt, who were awarded death penalty and executed in Tihar jail, from the prison premises, observing that the decision to bury them within the prison was a sensitive call taken by the government at the time of their execution and could not be revisited after more than a decade. Bhatt was hanged on February 11, 1984 while Guru was executed in February 2013.

Bhatt was hanged on February 11, 1984 while Guru was executed in February 2013. (PTI file photo)

Dealing with a plea filed by Vishwa Vedic Sanatan Sangh and one Jitendra Singh, a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela opined that only the competent authority could take a call on such matters and that judicial intervention was unwarranted in the absence of a law barring burial or cremation inside the premises. The existence of the graves, the court said, did not constitute public nuisance.

“But removing a grave which might have been in existence for the last 12 years.. the government decided it keeping in view the fallout regarding permitting giving the body to the family or burial outside the Tihar jail? These are very sensitive issues. There are so many factors… the government (took a decision) keeping in view all the aspects… took a call. Can we now challenge that decision after 12 years? Removal after 12 years… ,” the bench told Sangh’s lawyer Barun Kumar Sinha.

“We don’t agree with the submission that its existence is a nuisance and the municipal commissioner is under a mandate to remove it. There is no prohibition. No law or statute prohibits burial or cremation inside jail. Are we policy makers? Are we legislators? Please represent to the authorities and let them take a call. The competent authority will look into it… You have to show infringement of rules, constitutional provision…”

Sangh’s lawyer then withdrew the petition. “After arguing at some length, the counsel prays that he may be permitted to withdraw the petition. The petition is dismissed as withdrawn,” the court said in the order.

The Sangh’s plea also sought relocation of their remains, if necessary, to a secret location to prevent the “glorification of terrorism”.

The petition painted a picture that the continued existence of these graves inside a state-controlled prison was “illegal, unconstitutional, and against public interest”.

The presence of these graves, the petition stated, turned the Tihar central jail into a site of “radical pilgrimage” where extremist elements gather to venerate convicted terrorists.

“This not only undermines national security and public order, but also sanctifies terrorism in direct contravention of the principles of secularism and rule of law under the Constitution of India,” the petition stated.