The Delhi High Court has refused to order the removal of the graves of Afzal Guru and Maqbool Bhat from Tihar Jail, while making it clear that the burial sites cannot be turned into centres of pilgrimage or glorification. The bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, held that the judiciary could not step in to direct such action without clear legal grounds, leaving the matter within the discretion of the government.
The petition, filed by the Vishwa Vedic Sanatan Sangh, sought relocation of the remains to an undisclosed location on the argument that the graves had become rallying points for extremist sympathisers. The Court, however, found the plea to be unsupported by substantive evidence, noting that reliance on newspaper articles and speculation could not justify judicial intervention after more than a decade had passed since the burials.
While affirming that no activity of homage or public veneration should be permitted at the sites, the Court underlined that it was not empowered to create prohibitions in the absence of statutory backing. The judges observed that burial within prison premises had been the decision of the government at the time of the executions, and that such administrative choices carried weight unless convincingly challenged on legal grounds.
The petitioner was allowed to withdraw the plea with liberty to approach the Court again should verifiable evidence of glorification emerge. The bench also cautioned that public interest litigations must not rest solely on conjecture or media reports, particularly on issues involving security and public order.
In striking this balance, the Court acknowledged the dignity owed to the dead while stressing the imperative to ensure that the graves are not misused as symbolic platforms. The ruling makes it clear that the sites may remain where they are, but their use as places of political or ideological homage will not be tolerated.
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