Plea to remove Afzal Guru’s grave from Tihar Jail rejected

**Plea to Remove Afzal Guru’s Grave from Tihar Jail Rejected by Delhi High Court**

*By Snehil Singh | September 24, 2025 | 02:12 PM*

The Delhi High Court has dismissed a petition seeking the removal of the graves of convicted terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhat from Tihar Jail. The petitioners contended that maintaining the graves of terrorists within a state-run facility was illegal and unconstitutional. They urged judicial intervention to relocate the remains, arguing that doing so would prevent the glorification of terrorism and curb the misuse of prison premises.

### Judicial Stance: Authorities to Decide on Sensitive Issues

The Delhi High Court observed that such matters are sensitive and were decided by the government at the time of the executions. The court emphasized that after more than a decade, these issues cannot be reopened. It noted that only competent authorities are empowered to make decisions regarding burials or cremations within prison premises. The court further stated that judicial intervention is unwarranted in the absence of specific legislation prohibiting such practices inside prisons.

### Petitioners’ Concerns: Graves as ‘Radical Pilgrimage’ Sites

The petitioners, Vishwa Vedic Sanatan Sangh and Jitendra Singh, argued that the presence of these graves has transformed Tihar Jail into a “radical pilgrimage” site. According to them, extremist elements visit the graves to venerate the convicted terrorists, which undermines national security and public order.

They claimed this situation sanctifies terrorism and violates the principles of secularism and the rule of law enshrined in the Indian Constitution. Additionally, they cited violations of the Delhi Prisons Rules, 2018, which govern prison premises.

### Health and Security Concerns Raised

The plea also highlighted potential health risks, asserting that burials within the prison compound pose a threat of infectious and hazardous diseases to inmates and staff.

### Background

Mohammad Maqbool Bhat was hanged at Tihar Jail on February 11, 1984, after being convicted for the murder of a policeman. His body was buried on the prison grounds.

Mohammad Afzal Guru, a key conspirator in the 2001 attack on the Indian Parliament that resulted in nine deaths, was executed in February 2013 at Tihar Jail. His remains were also interred within the prison premises.

The Delhi High Court’s decision maintains the status quo, leaving the sensitive issue of terrorist graves within Tihar Jail in the hands of the authorities.
https://www.newsbytesapp.com/news/india/hc-dismisses-plea-to-remove-afzal-guru-s-grave-from-tihar/story

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