The BRICS TimesThe Delhi High Court has refused to hear the plea filed by Vishwa Vaidik Sanatan Sangh demanding removal of Afzal Guru and Maqbool Bhat’s graves from Tihar Jail premises.
The Delhi High Court on Wednesday, September 24, declined to entertain a public interest litigation that sought the removal of graves belonging to Afzal Guru and Maqbool Bhat from inside Tihar Jail. The petition urged the court to direct the authorities to remove the graves of these terrorists from the jail premises. However, the bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela remarked that the court could not interfere in this matter because such a decision must be taken by the government after considering law and order concerns.
The plea had been filed by Vishwa Vaidik Sanatan Sangh before the Delhi High Court. It specifically asked for an order to shift the graves of Afzal Guru and Maqbool Bhat from Tihar Jail to an undisclosed location. Raising questions about the maintainability of such a petition under public interest, the court observed that it was unclear which fundamental or constitutional rights were being violated by the presence of these graves inside the jail.
The court pointed out, “Afzal Guru was buried in 2023. What is the justification for approaching the court after 12 years?” The bench underlined that this is a highly sensitive issue. The government must have carefully considered the implications before deciding not to hand over the bodies to the families or move them outside the prison. The judges further asked the petitioner which of his fundamental rights had been violated by the existence of these graves inside Tihar Jail and which legal provision had been breached. The bench clarified that public interest litigations cannot be heard merely based on someone’s personal wish.
During the hearing, the lawyer representing the petitioner argued that it was publicly known that members of the terrorist community were committing crimes and paying tribute at the graves of Afzal Guru and Maqbool Bhat inside the jail. He claimed that this act amounted to glorifying terrorists.
The court, however, expressed dissatisfaction with the argument and asked the lawyer what evidence was available to prove such claims. The bench asserted that it could not pass a ruling merely on the basis of news articles or social media posts. The judges stressed that if a site is being glorified, then specific data or material evidence must support such claims. Public interest petitions cannot rest on unverified reports in newspapers. After facing these objections, the petitioner chose to withdraw the plea.
It is worth noting that terrorist Maqbool Bhat was executed in Tihar Jail in 1984, while Afzal Guru was hanged in the same jail 29 years later. Both were buried inside the jail premises itself. The High Court has now dismissed the petition seeking the removal of their graves.
