The Delhi High Court has dismissed a petition that sought the removal of the graves of Parliament attack convict Mohammad Afzal Guru and Jammu and Kashmir Liberation Front (JKLF) founder Mohammad Maqbool Bhat from Tihar Jail. Both men were executed inside the prison, Bhat in 1984 and Guru in 2013, and buried within its premises.
The court noted that the decision to bury the bodies inside the jail was taken by the government at the time of execution after weighing several sensitive factors, and it would not be appropriate to reopen the issue after more than a decade.
“But removing a grave which has existed for the last 12 years... The government decided this at the time of execution, keeping in view the fallout of handing over the body to the family or burial outside the jail. These are very sensitive issues, with many factors considered. Can we now challenge that decision after 12 years?” the bench observed.
It further underlined that only the “competent authority” could decide on such matters, and in the absence of a specific law prohibiting burial or cremation within prison grounds, judicial intervention was unwarranted.
The petition, filed by the organisation Vishwa Vedic Sanatan Sangh and activist Jitendra Singh, argued that the graves’ continued presence inside a state-run facility was “illegal, unconstitutional, and against public interest.”
The petitioners contended that the burial sites had effectively turned Tihar into a “radical pilgrimage centre,” attracting extremist elements to pay homage to convicted terrorists. “This not only undermines national security and public order, but also sanctifies terrorism in contravention of the principles of secularism and the rule of law under the Constitution of India,” the plea stated.
It further claimed that the graves violated the Delhi Prisons Rules, 2018, which require authorities to dispose of executed prisoners’ bodies in a manner that prevents glorification, maintains prison discipline, and safeguards public order.
