Delhi High Court Dismisses Plea to Remove Afzal Guru, Maqbool Bhatt Graves from Tihar Jail

In a significant ruling that reaffirms judicial precedent and prison regulations, the Delhi High Court has decisively dismissed a Public Interest Litigation (PIL) seeking the removal of the graves of Parliament attack convict Afzal Guru and Jammu Kashmir Liberation Front (JKLF) co-founder Maqbool Bhatt from the Tihar Jail premises.

The court deemed the petition 'misconceived' and devoid of any legal merit, firmly closing the door on a contentious issue.

The plea, lodged by an organization named 'We the Citizens', had argued that the presence of these graves within the correctional facility served to glorify individuals labeled as 'terrorists'.

The petitioners contended that this alleged glorification inflicted emotional distress upon the families of victims of terror acts and deeply offended patriotic sentiments across the nation. They passionately urged the court to intervene and direct the removal of the remains.

However, the division bench of Justices Suresh Kumar Kait and Manoj Jain found the arguments presented by 'We the Citizens' lacking in foundational legal support.

The court critically observed that the petitioners failed to cite any specific law or established rule that would mandate or even permit the exhumation and removal of graves from prison property. The existing prison rules govern how the bodies of deceased inmates, especially those unclaimed by family members, are handled and buried within the jail complex.

Furthermore, the High Court underscored the critical aspect of public order.

It highlighted that any unilateral action to disturb these graves could potentially trigger significant unrest and pose serious law and order challenges for the state. The judiciary’s role, it emphasized, includes maintaining societal stability and preventing actions that could lead to widespread disturbances.

The court also pointed out that the bodies of both Afzal Guru and Maqbool Bhatt were interred within Tihar Jail following due process and in accordance with existing prison regulations, primarily because no family members came forward to claim their remains for a private burial.

This adherence to protocol was a key factor in the court's decision.

Beyond the primary request for removal, the petitioners had also sought a judicial declaration deeming the graves illegal. They further demanded directions for the cremation of the remains and the subsequent handover of the ashes to their respective families.

The High Court, after careful deliberation, found no legal basis or compelling reason to accede to these additional requests, thereby reinforcing its stance on the sanctity of established procedures and the absence of legal grounds for intervention.

This ruling by the Delhi High Court serves as a powerful reminder of the judiciary's commitment to upholding legal frameworks, maintaining public order, and resisting pleas that lack a firm foundation in law, even when addressing highly sensitive and emotionally charged subjects.