**Delhi High Court Rejects Plea to Remove Afzal Guru’s Grave from Tihar Jail**
*By Snehil Singh | Sep 24, 2025, 02:12 PM*
The Delhi High Court has dismissed a petition seeking the removal of the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhat from Tihar Jail. The petitioners contended that maintaining the graves of convicted terrorists within a state-run facility was illegal and unconstitutional.
### Petitioners’ Arguments
The petition, filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, urged judicial intervention to relocate the remains. They argued that keeping the graves on prison premises promotes the glorification of terrorism and allows extremist elements to use Tihar Jail as a “radical pilgrimage” site to venerate convicted terrorists.
According to the plea, this situation undermines national security and public order, violates secularism, and breaches the principles of the Indian Constitution. The petition also cited concerns under the Delhi Prisons Rules, 2018, claiming that the graves compromise the sanctity of the prison environment.
Additionally, the plea raised health concerns, stating that burial within the jail poses risks of infectious and hazardous diseases to inmates and prison staff.
### Background
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 grounds. 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, where he was also buried.
### Delhi High Court’s Stance
The court observed that the decision to bury the bodies inside the prison premises was made by the government at the time of their execution, emphasizing the sensitive nature of such issues. It stated that these matters cannot be reopened after more than a decade.
The Delhi High Court further remarked that only competent authorities have the mandate to decide on such sensitive issues and that judicial intervention is unwarranted in the absence of specific legislation prohibiting burial or cremation inside prison premises.
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The dismissal of the petition reinforces the stance that decisions regarding burial or cremation within prison grounds remain within the jurisdiction of government authorities, highlighting the challenges of balancing security concerns and legal frameworks in such sensitive matters.
https://www.newsbytesapp.com/news/india/hc-dismisses-plea-to-remove-afzal-guru-s-grave-from-tihar/story
