Delhi high court rejects plea to remove Afzal Guru, Maqbool Bhat's graves from Tihar Jail
The PIL had sought moving Afzal Guru and Maqbool Bhat’s remains to prevent “glorification of terrorism” and misuse of jail premises.
The Delhi high court has dismissed a petition seeking the removal of the graves of Parliament attack convict Mohammad Afzal Guru and JKLF founder Mohammad Maqbool Bhat from the premises of Tihar Jail. Both were awarded the death penalty and executed inside the prison.
The court observed that such matters involved sensitive decisions taken by the government at the time of execution, and reopening them after more than a decade was not appropriate.
It opined that only the competent authority could decide on such issues, and judicial intervention was unwarranted in the absence of a specific law barring burial or cremation inside prison premises.
“But removing a grave which has existed for the last 12 years... The government decided this at the time of execution, keeping in view the fallout of handing over the body to the family or burial outside the jail. These are very sensitive issues, with many factors considered. Can we now challenge that decision after 12 years?” the court remarked.
The graves of Afzal Guru and Maqbool Bhat remain inside Tihar, where they were buried following their executions in 2013 and 1984, respectively.
The PIL had sought directions for authorities to relocate the mortal remains of Afzal Guru and Maqbool Bhat, if necessary, to a secret location to prevent the “glorification of terrorism” and misuse of Tihar Jail premises.
Filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, the petition argued that the construction and continued presence of the graves inside a state-run prison was “illegal, unconstitutional, and against public interest.”
The plea claimed that the graves have turned Tihar into a site of “radical pilgrimage,” attracting extremist elements to venerate convicted terrorists.
“This not only undermines national security and public order, but also sanctifies terrorism in contravention of the principles of secularism and the rule of law under the Constitution of India,” it said.
It further argued that the graves violate the Delhi Prisons Rules, 2018, which mandate that the bodies of executed prisoners be disposed of in a manner that prevents glorification, preserves prison discipline, and maintains public order.
