'Sar tan se juda' slogan challenge to India's integrity, incites people for armed rebellion: Allahabad HC

Prayagraj: The Allahabad High Court has said that the slogan-"Gustakh-e-nabi ki ek saza, sar tan se juda" (the only punishment for insulting the prophet is beheading) is a challenge to the authority of law as well as sovereignty and integrity of India as it incites people for armed rebellion.

Justice Arun Kumar Singh Deshwal held that this act not only will be punishable under Section 152 of BNS but is also against the basic tenets of Islam.

On May 26, on the call of Ittefaq Minnat Council president Maulana Taukir Raza, a crowd of 500 people assembled in Bareilly's Biharipur and raised the slogan "Gustakh-e-nabi ki ek saza, sar tan se juda, sar tan se juda".

Police tried to stop them but in the ensuing clashes, several policemen were injured and some police and private vehicles were damaged. Seven persons including the bail applicant Rihan were arrested.

Rejecting Rihan's bail application, the bench observed, "There is sufficient material in the case diary showing that the applicant was part of an unlawful assembly which not only raised objectionable slogans challenging the authority of the Indian legal system but also caused injuries to police personnel and damaged public as well as private property."

"It is nothing but an offence against the State and he was arrested from the spot. Therefore, this court does not find any ground to release the applicant on bail. And thus the bail application is rejected," it added.

The court also observed, "Generally, slogans or proclamations are used in every religion, but these slogans are for the purpose of showing their respect to the concerned God or Guru, like in Muslim 'nara-e-takbir' followed by 'Allahu Akbar' which means God is the greatest and there is no dispute or objection about it."

"Similarly, in the Sikh religion, the slogan (proclamation) 'Jo bole so nihaal, Sat Sri Akal' is also an acknowledgement of God as the ultimate, timeless reality and this call was popularised by Guru Gobind Singh Ji," the court added.

"Chanting the slogans (devotional call) in cheerful and joyful moments by Hindus like 'Jai Shree Ram' or 'Har Har Mahadev'. Therefore, raising or chanting these slogans (devotional calls or proclamations) by any person or a crowd is not an offence unless they are maliciously used to intimidate persons belonging to other religions," the bench said.

"Though the slogan 'Gustakh-e-nabi ki ek saza, sartan se juda, sar tan se juda' does not have any trace in the Quran or any other religious text belonging to Muslims, even then this slogan is being used widely by several Muslim persons without knowing its correct meaning and effect," it said.

Giving some instances of kindness of Prophet Mohammad, the court said, "In view of above analysis, it is clear that the slogan raised by an individual person or by a crowd is a challenge to the authority of law as well as sovereignty and integrity of India as the same incites the people for arm rebellion, therefore, this act not only will be punishable under Section 152 BNS but is also against the basic tenets of Islam."

Section 152 BNS deals with offences relating to an act endangering sovereignty, unity and integrity of India.