The Delhi High Court on Wednesday rejected a PIL seeking the removal of the graves of Mohammad Maqbool Bhatt and Mohammad Afzal Guru, Kashmiris executed for terrorism-related offences, from Tihar Central Jail, and instead ordered that their remains be relocated to a secret location to prevent “glorification of terrorism.”
The plea, filed by a Hindu right wing organisation “Vishwa Vedic Sanatan Sangh”, claimed that the construction and continued presence of the graves of Mohammad Maqbool Bhatt and Mohammad Afzal Guru inside Tihar Central Jail is “illegal, unconstitutional, and against public interest.”
It argued that the graves had turned the jail into a site of “radical pilgrimage,” where “extremist elements gather to venerate convicted terrorists.”
When counsel argued that the graves were a “nuisance” under Section 398 of the Delhi Municipal Corporation Act due to people committing crimes to pay homage, the court asked, “What kind of nuisance are you talking about? Understand the word nuisance. It may be a cause of concern, but that cannot be equated with the nuisance the authority is concerned with under Section 398.”
“Jail is not a public place. Jail is a place owned by the State, established for a specific purpose. Where is the question of any grave causing an offence?”
A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela asked the petitioner to withdraw the plea with liberty to file afresh.
This story was originally published in maktoobmedia.com. Read the full story here.
