Plea to remove Afzal Guru's grave from Tihar Jail rejected
What's the story
The Delhi High Court has dismissed a petition seeking the removal of the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhat from Tihar Jail. The petitioners argued that keeping the graves of convicted terrorists in a state-run facility was illegal and unconstitutional. They sought judicial intervention to relocate the remains, arguing it would prevent the glorification of terrorism and misuse of prison premises.
Judicial stance
Competent authorities can decide on such issues: Delhi HC
The Delhi High Court observed that such decisions are sensitive and were taken by the government at the time of execution. The court stressed that these matters cannot be reopened after over a decade. It said only competent authorities can decide on such issues, and judicial intervention is unwarranted without specific legislation prohibiting burial or cremation inside prison premises.
Grave location
Petitioners argue graves have become 'radical pilgrimage' sites
The petitioners, Vishwa Vedic Sanatan Sangh and Jitendra Singh, argued that their presence has turned Tihar into a "radical pilgrimage" site for extremist elements to venerate convicted terrorists. They argued this undermines national security and public order while violating the Delhi Prisons Rules, 2018. The plea argues that this scenario undermines national security and public order, sanctifying terrorism in violation of secularism and rule of law principles under the Indian Constitution.
Legal argument
'Burial poses risk of infectious and hazardous diseases'
The plea had also claimed that the burial poses a risk of infectious and hazardous diseases to inmates and staff. Bhat was hanged at Tihar Jail on February 11, 1984, for the murder of a policeman, and his body was buried on the prison premises. Guru was a key conspirator in the 2001 Indian Parliament attack. He was also hanged in February 2013 at Tihar Jail after being convicted of his role in the terror attack that killed nine people.