PIL Before Delhi HC Seeks Removal Of Afzal Guru, Maqbool Bhatt Graves From Tihar Jail

A Public Interest Litigation (PIL) has been filed before the Delhi High Court seeking urgent intervention for the removal of the graves of convicted terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from within the premises of Central Jail, Tihar.

Filed by Vishwa Vedic Sanatan Sangh through Advocate Barun Kumar Sinha, the plea argues that the continued presence of these graves inside a state-controlled prison is illegal, unconstitutional, and against public interest. It seeks directions from authorities to relocate the mortal remains to a secret location, if necessary, to prevent glorification of terrorism and misuse of the jail premises.

“To issue a writ of mandamus directing the Respondents to remove the graves of terrorists Mohammad Maqbool Bhatt and Mohammad Afzal Guru from the premises of Central Jail, Tihar, in accordance with the Delhi Prison Rules, 2018 and the Prisons Act, 1894,” the plea states.

It adds that the Delhi Prison Rules require the bodies of executed prisoners to be disposed of in a way that prevents glorification, ensures prison discipline, and upholds public order. Allowing permanent graves inside the prison, it argues, is a clear breach of this mandate.

Noting that the matter amounts to a constitutional violation, the petition states: “Because the existence of terrorist graves in a government-controlled institution amounts to an unconstitutional sanctification of terrorism. India is a secular State under the Constitution, and no religious or political glorification of criminals or terrorists can be permitted on State premises. Allowing these graves to remain is tantamount to State recognition of terrorists as figures of reverence, thereby indirectly promoting terrorism and communal polarization.”

It has been further argued that the presence of the graves has turned Tihar into a “site of radical pilgrimage”, where extremist elements gather to venerate convicted terrorists. “This not only undermines national security and public order, but also sanctifies terrorism in direct contravention of the principles of secularism and rule of law under the Constitution of India,” the plea adds.

The PIL highlights that such an act is contrary to the Prison Act, 1894, the Delhi Jail Manual, 2018, and established prison regulations, none of which permit the construction of religious structures, shrines, or graves within jail premises. It also points out that neither the Delhi Prison Act, 2000 nor the Delhi Prisons Rules, 2018 provide for the burial of convicts inside prisons.

The petitioners seek the urgent intervention of the Court to order removal of the graves and relocation of the remains in a secure, undisclosed manner, citing the handling of executed terrorists such as Ajmal Kasab and Yakub Memon, where every precaution was taken to avoid glorification.

Additionally, the plea cites the Delhi Municipal Corporation Act, 1957, particularly Section 397, which prohibits burial at undesignated sites. It also warns of health risks, noting: “The existence of graves inside the jail premises poses a serious risk of contagious and dangerous diseases to both the inmates and the employees of Tihar Jail.”

"The Jail Manual provides that bodies of executed prisoners are to be disposed of in a manner that maintains prison security, discipline, and public order. Nowhere does it permit the construction of permanent graves or shrines inside prison premises. By allowing such graves, the authorities have set a dangerous precedent that undermines the very purpose of prison discipline and order," the plea before the court submits

Case Title: Vishwa Vedic Sanatan Sangh Through its General Secretary & Anr versus Union of India

Hearing Expected: 24 September 2025