A plea has been filed in the Delhi High Court seeking directions to remove the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt, who were awarded death penalty and executed in Tihar jail here, from the prison premises.
The public interest litigation (PIL) has also sought directions to the concerned authorities to relocate the mortal remains, if necessary, to a secret location in accordance with law so as to prevent “glorification of terrorism” and misuse of the jail premises.The plea filed by Vishwa Vedic Sanatan Sangh claimed that construction and continued existence of these graves inside a state-controlled prison was “illegal, unconstitutional, and against public interest”. It also argues that the burial of the two men inside a state-controlled prison violates legal provisions and poses risks to security and public order.
It alleged that presence of these graves has turned the central jail, Tihar, into a site of “radical pilgrimage” where extremist elements gather to venerate convicted terrorists.“This not only undermines national security and public order, but also sanctifies terrorism in direct contravention of the principles of secularism and rule of law under the Constitution of India,” it said.
The plea states that under the Delhi Prison Rules, 2018, the remains of executed prisoners must be disposed of in a manner that prevents glorification and maintains discipline inside jails. The petition contends that the presence of the graves has turned parts of the central prison into a “radical pilgrimage site,” allegedly attracting gatherings of extremist sympathisers.
As an alternative, the petition requests that if removal is not possible, the court should order prison authorities to transfer the mortal remains to a secret location. It further argues that the current situation undermines national security, sanctifies terrorism, and contradicts the principles of secularism and rule of law.
“The petitioners therefore seek the urgent intervention of this court to direct the respondents to remove the said graves from Tihar Jail and ensure their relocation in a secure, undisclosed manner, in line with established state practice in the cases of executed terrorists such as Ajmal Kasab and Yakub Memon, where every precaution was taken to prevent glorification,” it said.
The plea said both Bhatt and Guru, acting under the influence of “extremist Jihadi ideology”, orchestrated and executed acts of terrorism that gravely threatened the sovereignty, territorial integrity and security of India. While Bhatt was hanged in 1984, Guru was executed in February 2013.
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