Each had been sentenced to demise and executed inside Tihar Jail.
Noting the courtroom's stance, the petitioners' counsel requested permission to withdraw the plea and refile it with further information. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed the withdrawal, treating the PIL as “dismissed as withdrawn.”
“For approaching the courtroom for a aid in a PIL, it's important to present us violation of constitutional rights, basic rights or statutory rights. No legislation or rule prohibits cremation or burial contained in the jail premises,” the bench noticed.
The plea sought instructions to relocate the graves, if essential, to a secret web site to stop “glorification of terrorism” and misuse of jail premises.
Filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, the petition claimed that developing and sustaining these graves in a state-controlled jail was “unlawful, unconstitutional, and towards public curiosity.”Advocate Varun Kumar Sinha, representing the petitioners, argued that the graves had turned Tihar right into a web site of “radical pilgrimage,” the place extremist parts collect to venerate convicted terrorists. “This not solely undermines nationwide safety and public order, but additionally sanctifies terrorism in direct contravention of the rules of secularism and rule of legislation underneath the Structure of India,” he stated.The bench questioned the declare, asking for information proving that individuals go to these graves to pay homage.
The plea additionally cited the Delhi Prisons Guidelines, 2018, saying the presence of those graves violates provisions requiring the disposal of executed prisoners' our bodies in a fashion that stops glorification, maintains self-discipline, and preserves public order.
“The petitioners subsequently search the pressing intervention of this courtroom to direct the respondents to take away the stated graves from Tihar Jail and guarantee their relocation in a safe, undisclosed method, according to established state apply within the instances of executed terrorists equivalent to Ajmal Kasab and Yakub Memon, the place each precaution was taken to stop glorification,” the plea said.
It added that each Bhatt and Guru, underneath the affect of “extremist Jihadi ideology,” carried out acts of terrorism that gravely threatened India's sovereignty, territorial integrity, and safety.
Whereas Bhatt was hanged in 1984, Guru was executed in February 2013.
With inputs from PTI