New Delhi: A petition has been filed in the Delhi High Court seeking the removal of the graves of Mohammad Maqbool Bhat and Afzal Guru from Tihar Jail.
The plea, submitted by the Vishwa Vedic Sanatan Sangh, expresses concerns about the continued presence of these burial sites within the central prison, India Today reported.
The petition argues that the graves violate legal and constitutional provisions, including the Delhi Prison Rules, 2018. It requests that, if removal is not possible, the court direct authorities to relocate the remains to a secret location to prevent the “glorification of terrorism and misuse of prison premises”.
According to the plea, having these graves within a state-run prison is illegal and against public interest. The Delhi Prison Rules, 2018, mandate that executed prisoners’ bodies be disposed of in a manner that prevents glorification and preserves prison discipline.
The petition claims that the graves have turned Tihar Central Jail into a “radical pilgrimage site,” attracting extremist elements who venerate the terrorists. It highlights the threat such gatherings pose to prison security and order.
It further contends that this situation endangers national security, disrupts public order, and glorifies terrorism, contravening the secular principles and rule of law enshrined in the Indian Constitution. The plea distinguishes these graves from earlier cases, citing Ajmal Kasab and Yakub Memon, whose burials were conducted to prevent any glorification.
Referring to legal provisions, the petition notes that the law does not allow religious structures or graves within prison premises, and neither the Act nor the Rules authorise the burial of terrorists or convicts inside prisons.
The petitioner also raises health concerns, claiming that the graves could pose a risk of infectious or hazardous diseases to inmates and staff. The petition was filed by advocate Varun Kumar Sinha.
