Overview

• A division bench led by Chief Justice D.K. Upadhyaya directed the petitioner to withdraw the PIL with liberty to refile with data.
• The judges noted there is no specific legal bar on graves within prison premises under the Delhi Prisons Rules or related laws.
• The bench acknowledged concerns about potential veneration at the site but said evidence is needed before considering intrusive orders.
• The court indicated it could ask jail authorities to prevent glorification rather than order exhumation after more than twelve years.
• Petitioners had alleged the graves created a radical pilgrimage site and cited the handling of Ajmal Kasab and Yakub Memon as comparators.