The Delhi High Court on Wednesday refused to entertain a plea seeking directions for removing the graves of terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from Tihar Jail premises in New Delhi to "prevent glorification".
The two terrorists were sentenced to death and executed in Tihar Jail. "No law or rule prohibits cremation or burial inside the jail premises," a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said and ordered that the PIL is dismissed as withdrawn. Sensing the high court's indication, the petitioners' counsel had urged the court to allow him to withdraw the petition and re-file it with certain data.
For approaching the court for a relief in a PIL, you have to show us any 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 court said it cannot entertain the petition to remove the graves as it was a decision taken by the government keeping in mind the law and order situation. The PIL also sought directions to the authorities concerned to relocate the mortal remains, if necessary, to a secret location to prevent glorification of terrorism and misuse of jail premises.
The court agreed with the submission of petitioners' counsel that graves cannot become a pilgrimage or a site for glorification but made it clear that there has to be some data on record to show that the site was being glorified. -- PTI
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