Delhi HC permits withdrawal of PIL seeking removal of Guru and Bhatt graves from Tihar Jail.
Bench observes no law prohibits burial inside jail, requiring violation of constitutional rights for PIL relief.
Petitioners argued graves glorify terrorism, but court asked for evidence and treated PIL as withdrawn.
The Delhi High Court on Wednesday refused to entertain a petition seeking directions to remove the graves of convicted terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from Tihar Jail, PTI reported.
The two convicts were sentenced to death and executed in Tihar Jail, Bhatt in 1984 and Guru in February 2013. The petitioners, sensing the court’s indication, requested permission to withdraw the plea and re-file it with additional data.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed the petitioners to withdraw the public interest litigation (PIL), treating it as “dismissed as withdrawn”.
“For approaching the court for relief in a PIL, you have to show us violation of constitutional rights, fundamental rights or statutory rights. No law or rule prohibits cremation or burial inside the jail premises,” the bench said.
The petition, filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, sought directions to relocate the mortal remains, if necessary, to a secret location to prevent “glorification of terrorism” and misuse of jail premises.
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Advocate Varun Kumar Sinha, representing the petitioners, argued that the graves had turned Tihar into a site of “radical pilgrimage” where extremist elements venerate convicted terrorists. He said this undermined national security, public order, and contravened constitutional principles of secularism and rule of law.
The bench questioned the petitioners about the evidence supporting claims that people visited the graves to pay homage.
The plea also cited the Delhi Prisons Rules, 2018, asserting that the disposal of bodies of executed prisoners must prevent glorification, maintain prison discipline, and preserve public order. It referenced the state’s handling of executed terrorists Ajmal Kasab and Yakub Memon, noting that precautions were taken to avoid glorification.
According to PTI, the petition stated that both Bhatt and Guru, under extremist ideologies, carried out acts of terrorism that threatened India’s sovereignty, territorial integrity, and security.
(With inputs from PTI)
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