PIL Filed In Delhi High Court Seeking Removal Of Graves Of Afzal Guru, Mohammad Maqbool Bhatt From Tihar Jail Premises

A public interest litigation has been initiated before the Delhi High Court Court seeking the removal of the graves of Mohammad Maqbool Bhatt and Mohammad Afzal Guru, who were executed for terrorism-related offences, from Delhi's Central Jail, Tihar.

As an alternative, it is prayed that the authorities relocate their mortal remains to a secret location in accordance with law, “so as to prevent glorification of terrorism and misuse of the jail premises”.

The plea, filed through one “Vishwa Vedic Sanatan Sangh”, states that the construction and continued existence of these graves inside a State-controlled prison is illegal, unconstitutional, and against public interest.

“It violates the express provisions of the Delhi Prisons Rules, 2018, which mandate the disposal of the bodies of executed prisoners in a manner that prevents glorification, ensures prison discipline, and maintains public order”, it says.

It is claimed that the presence of the graves has turned Central Jail, Tihar, 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”, states the petitioner.

In support of the prayers, the petition cites the case of executed terrorists Ajmal Kasab and Yakub Memon, whose burial, according to the petitioner, was in a manner that prevented glorification.

Referring to the Prison Act, 1894, the Delhi Jail Manual, 2018, the DMC Act, and the Master Plan of Delhi–2021, itis argued that the legal provisions and rules do not permit the creation of religious structures, shrines, or graves within prison premises.

“neither the said Act nor the Rules provide for the burial of a terrorist or a convict inside the jail premises. However, it is a matter of record that two terrorists, who were awarded the death sentence in Tihar Central Jail, Delhi, were buried within its premises.”

The petitioner further claims that the presence of the graves within jail premises poses a serious risk of contagious and dangerous diseases to both the inmates and the employees of Tihar Jail.

The petition has been filed through Advocate Barun Kumar Sinha.

Case Title: Vishwa Vedic Sanatan Sangh v. Union of India & Ors.