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

**Plea to Remove Afzal Guru’s Grave from Tihar Jail Rejected**

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

**Overview**

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 these terrorists within a state-run prison was illegal and unconstitutional, urging judicial intervention to relocate the remains. They argued that such graves could encourage glorification of terrorism and lead to misuse of prison premises.

**Judicial Stance: Decision Reserved for Competent Authorities**

The Delhi High Court observed that the matter involves sensitive decisions which were taken by the government at the time of execution. The court emphasized that reopening such issues after more than a decade is unwarranted.

It was noted that only competent authorities have the jurisdiction to decide on such matters. The court further highlighted that without specific legislation banning burials or cremations inside prison premises, judicial intervention is not justified.

**Concerns Raised by Petitioners**

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

They asserted that this scenario 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.

**Health and Security Arguments**

The plea also claimed that the burial of the bodies within prison grounds poses risks of infectious and hazardous diseases to inmates and staff.

For context, Mohammad Maqbool 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. Mohammad Afzal Guru, a key conspirator in the 2001 Indian Parliament attack that resulted in nine deaths, was executed in February 2013 at Tihar Jail, with his body similarly buried on site.

**Conclusion**

The Delhi High Court’s refusal to interfere leaves the graves of Afzal Guru and Maqbool Bhat at Tihar Jail intact, affirming that decisions regarding their location rest with appropriate governmental authorities and legislative frameworks.
https://www.newsbytesapp.com/news/india/hc-dismisses-plea-to-remove-afzal-guru-s-grave-from-tihar/story

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