The Delhi High Court was moved with a public interest litigation (PIL) seeking the removal of the graves of Mohammad Afzal Guru and Mohammad Maqbool Bhatt from Tihar Central Jail. Both individuals were executed for terrorism-related offences. The petitioner alternatively requests that their remains be shifted to an undisclosed location in accordance with law, in order to prevent any glorification of terrorism or misuse of prison premises.
The PIL has been filed by an organisation named Vishwa Vedic Sanatan Sangh. It alleges that the construction and continued presence of these graves within a State-run jail is illegal and contrary to constitutional principles. According to the petitioner, this violates the Delhi Prisons Rules, 2018, which require that the disposal of bodies of executed prisoners must be done in a manner that ensures discipline, prevents glorification, and safeguards public order.
It is asserted that the graves have effectively turned Tihar Central Jail into a place of “radical pilgrimage,” where extremist sympathisers gather to pay homage to convicted terrorists. Such acts, the plea argues, undermine national security, disturb public order, and indirectly sanctify terrorism in violation of constitutional values of secularism and the rule of law.
The petitioner relies on precedents concerning the executions of Ajmal Kasab and Yakub Memon, whose burials, it contends, were handled discreetly to avoid public glorification. Citing the Prison Act, 1894, the Delhi Jail Manual, the DMC Act, and the Delhi Master Plan–2021, the plea stresses that no law or rule permits the establishment of religious structures, shrines, or graves inside prison premises.
It is further claimed that retaining such graves within a prison also poses potential health hazards, including the spread of contagious diseases, thereby endangering both inmates and staff.
The PIL seeks immediate judicial intervention to either remove or relocate the graves in order to align with statutory provisions, maintain prison discipline, and preserve national security. The matter is presently under consideration before the Delhi High Court.
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