NEW DELHI — — The Delhi High Court on Wednesday dismissed a PIL seeking directions to remove the graves of Kashmiri separatist leaders Maqbool Bhat and Afzal Guru from the premises of the Tihar jail.
While Maqbool Bhat was hanged in Tihar jail on February 11, 1984, Afzal Guru was hanged on February 9, 2013, in the same jail.
Both were later buried in the jail premises after performing the last rites according to the laid-down Islamic principles.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that it cannot entertain the plea to remove the graves since that is a decision to be taken by the government taking into account law and order.
“Somebody’s last rites are to be respected. At the same time, we need to ensure that no law and order issue arises. Government decided to have the burial in jail keeping these issues in mind. Can we challenged that 12 years later?” the Bench asked.
When the matter was taken up for hearing today, the Court asked whether there is any law prohibiting graves in prison.
“We have seen your prayers. Tell us which law has been infringed and which fundamental rights of yours have been infringed by this. Something you wish cannot become the subject matter of a PIL,” the Court said, reports Br and Bench.
The PIL was filed by Vishwa Vedic Sanatan Sangh and an individual named Jitendra Singh. The petition argued that the construction and continued presence of the graves inside a state-run prison were “illegal, unconstitutional, and against public interest”.
The reluctance of the bench to entertain the PIL prompted the petition lawyer to plead before the court that he should be allowed to withdraw the petition.
The high court bench observed, “For approaching the court for a relief in a PIL, you have to show us a violation of constitutional rights, fundamental rights or statutory rights. No law or rule prohibits cremation or burial inside the jail premises,” the bench said.
The PIL had sought directions to the authorities concerned to relocate the mortal remains of the two, if necessary, to a secret location to prevent ‘glorification’ of the convicted separatist leaders and misuse of jail premises. The petitioners claimed that the presence of these graves has turned the central jail, Tihar, into a site of ‘radical pilgrimage’ where extremist elements gather to venerate convicted militants.
“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 petitioners pleaded.
To this, the bench asked where the data is to say that people are going inside to pay homage at the graves of Guru and Bhatt. — With inputs from agencies
