- The Delhi High Court dismissed a PIL seeking removal of Afzal Guru and Maqbool Bhat's graves from Tihar Jail
- The court demanded empirical data to prove the graves had become pilgrimage sites but none was provided
- The PIL was dismissed as withdrawn but the petitioner may refile with supporting evidence
The Delhi High Court on Wednesday dismissed a public interest litigation seeking removal of graves of Afzal Guru and Maqbool Bhat, both executed for terror-related offences, from Delhi's Tihar Jail.
A PIL filed by Vishwa Vedic Sanatan Sangh claimed the burial sites had become a 'pilgrimage' site, but the court shot down the plea, demanding data to back the claim.
The court agreed that Afzal Guru and Maqbool Bhat's graves could not become 'pilgrimage' sites, but refused to issue any order without hearing the federal government's response.
The court, therefore, dismissed the PIL as withdrawn but granted the petitioner permission to re-file with empirical data rather than presenting newspaper reports and social media posts. The court also took a dim view of the absence of counsel from the federal and Delhi governments.
During the hearing the court was critical about the timing of the PIL.
"It has been 12 years (since Afzal Guru was buried). Why are you raising this now?" a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela asked.
The court also told the petitioner it would have to be convinced the Sangh's rights had been impacted in some concrete manner, and that the requested relief could not be granted - under a PIL - based on personal feelings. "We requested you at the start of this case... you have to make out a case of infringement of your rights. Something that my brother judge or I may want cannot become a PIL. We are a democratic society. Use other forums to agitate those issues."
"We do not, prima facie, agree with you that it is a nuisance (under the law) which is to be removed by the authorities. Where is the prohibition? If prohibition is not there, can the court read into it a prohibition? Are we policy-makers? This lies in their realm."
In response to the petitioner's argument - "the graves are being treated as a site of pilgrimage by a particular community... this cannot be allowed in a secular community" - the court demanded material evidence to show the graves had, in fact, become a 'pilgrimage' site.
This, however, the petitioner was unable to provide. "I have shown newspaper reports..." the counsel for the petitioner said, to which the court shot back, "You are a seasoned advocate. Are you asking us to rely on news reports or social media posts? Where is the empirical data?"
"The government has taken a call (about burying Afzal Guru and Maqbool Bhat on jail grounds). For what you are saying, there is no empirical data."
"We agree... there should be no pilgrimage or glorification but there has to be data on this. We can direct the jail authorities to stop that but removing the grave after 12 years... (needs data)."
The High Court also noted last rites performed at the burial site had to be respected. "We need to ensure no law-and-order situation issue arises. Government decided to have the burial in jail keeping these issues in mind. Can we challenge that decision 12 years later?" the bench asked.
Afzal Guru - convicted for his role in the attack on Parliament in December 2001 and executed in February 2013 - and Maqbool Bhat, executed in February 1984, were buried on jail premises.
The plea said the two orchestrated and executed acts of terrorism that threatened the sovereignty, territorial integrity and security of India, and cited ' established practice in cases of executed terrorists such as Ajmal Kasab and Yakub Memon, where every precaution was taken to prevent glorification'.
With input from agencies
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