New Delhi , September 24, 2025 : The Delhi High Court on Wednesday refused to entertain a Public Interest Litigation (PIL) that sought removal of the graves of executed terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from the Tihar Jail premises.
The two were convicted of terrorism-related offences, sentenced to death, and executed in Tihar Jail — Bhatt in 1984 and Guru in 2013.
Court Proceedings
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the matter. During the proceedings, the bench noted that:
“For approaching the court for a 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.”
Sensing the court’s inclination, the counsel for the petitioners sought permission to withdraw the PIL with liberty to re-file it with data. The bench accordingly dismissed the petition as “withdrawn.”
Petitioners’ Arguments
The plea was filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, represented by advocate Varun Kumar Sinha. It argued that:
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The existence of graves inside a state-controlled prison is “illegal, unconstitutional, and against public interest.”
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The graves have allegedly turned Tihar into a “radical pilgrimage site”, where extremist elements gather to venerate convicted terrorists.
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This, the plea claimed, undermines national security, public order, and the principles of secularism and rule of law.
It further pointed to the Delhi Prisons Rules, 2018, which mandate that bodies of executed prisoners should be disposed of in a way that prevents glorification and maintains prison discipline.
Relief Sought in PIL
The petitioners urged the court to:
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Direct authorities to relocate the mortal remains of Bhatt and Guru to a secret location.
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Follow precedents in cases of Ajmal Kasab and Yakub Memon, where the state ensured secure and undisclosed burial to prevent any glorification of terrorism.
Court’s Observation
The bench asked the petitioners for concrete data to prove that people were indeed visiting the graves inside Tihar to pay homage. Since no evidence was presented, the plea could not be entertained.
Background
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Maqbool Bhatt, a co-founder of the Jammu Kashmir Liberation Front (JKLF), was hanged on February 11, 1984.
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Afzal Guru, convicted for the 2001 Parliament attack, was executed on February 9, 2013.
Both were buried inside Tihar Jail after their executions.
