Allahabad High Court News: Prayagraj: The Allahabad High Court has held that the slogan “gustakh-e-nabi ki ek saza, sar tan se juda” (for insulting the Prophet, there is one punishment: beheading) amounts to a challenge to the sovereignty, unity and integrity of India, as it incites people to armed rebellion and undermines the authority of the Indian legal system.
Justice Arun Kumar Singh Deshwal observed that raising or chanting religious or devotional slogans by individuals or crowds is not an offence per se, unless such slogans are maliciously used to intimidate people of other religions or to provoke violence. However, a slogan that openly advocates death or punishment contrary to the law crosses that constitutional line.
The court ruled that the use of the “sar tan se juda” slogan would be punishable under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with acts endangering the sovereignty, unity and integrity of India. It added that such a call also goes against the basic tenets of Islam.
“Chanting the slogan ‘gustakh-e-nabi ki ek saza, sar tan se juda’… amounts to challenging the sovereignty and integrity of India and also the Indian legal system, which is based on solemn constitutional objectives rooted in democratic principles,” the court said.
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According to the news report, Justice Deshwal noted that slogans and proclamations are common across religions and are generally used to express devotion or reverence. He cited examples such as “Nara-e-Takbir, Allahu Akbar” in Islam, “Jo bole so nihaal, Sat Sri Akal” in Sikhism, and “Jai Shri Ram” or “Har Har Mahadev” in Hinduism, observing that such devotional calls are unobjectionable when used peacefully.
The court clarified that chanting slogans becomes problematic only when they are used to threaten, intimidate or prescribe punishments—such as death—that are not sanctioned by law. “Any slogan by a crowd that provides a death sentence, contrary to the appropriate punishment provided by the law, is not only against the constitutional object but also a challenge to the lawful authority of the Indian legal system,” it said.
The judgment also pointed out that the “sar tan se juda” slogan has no basis in the Quran or other Islamic religious texts, yet is used by some people without understanding its meaning or consequences. Tracing its origins, the court referred to the history of blasphemy laws in undivided India and later developments in Pakistan, including amendments prescribing the death penalty for blasphemy.
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The court noted that the slogan gained prominence in Pakistan during protests following the 2011 conviction of Asia Bibi under the country’s blasphemy law, and later spread to other countries, including India. It observed that the slogan has been misused to intimidate people of other religions and challenge the authority of the state.
At the same time, the Allahabad High Court underlined that Prophet Mohammad had shown kindness even when disrespected, and never advocated violence or beheading. Any call by a follower of Islam for such punishment, the court said, amounts to disrespect to the ideals of the Prophet himself.
The observations were made while dismissing a bail plea filed by an accused in connection with violence that erupted in Bareilly in September. The unrest allegedly followed a call for a demonstration by Ittefaq Minnat Council president Maulana Taukir Raza against alleged atrocities and false cases against Muslim youth. During a gathering in Biharipur, the “sar tan se juda” slogan was allegedly raised.
Following clashes between protesters and police, an FIR was lodged against 25 named persons and around 1,700 unidentified individuals. Several accused were later arrested based on investigation.
One of the accused, Rihan, claimed in his bail plea that he had been falsely implicated. The court, however, said the case diary contained sufficient material to show that he was part of an unlawful assembly that raised objectionable slogans, injured police personnel and damaged public and private property.
“Therefore, this court does not find any ground to release the applicant on bail,” Justice Deshwal ruled, dismissing the plea.
Advocate Akhilesh Kumar Dwivedi appeared for the accused, while Additional Advocate General Anoop Trivedi, assisted by advocates Sanjay Kumar Singh and Nitesh Kumar Srivastava, represented the Uttar Pradesh government.
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