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'Sar tan se juda' slogan challenges India's sovereignty: Allahabad HC rejects bail, slams violent chant

Justice Deshwal sharply distinguished devotional devotion from hate-fueled threats. Harmless religious chants-like Muslims' "Nara-e-Takbir, Allahu Akbar" (God is greatest), Sikhs' "Jo bole so nihaal, Sat Sri Akal", or Hindus' "Jai Shri Ram" and "Har Har Mahadev"- pose no crime.

Allahabad High Court.
Allahabad High Court. Image Source : PTI (FILE)
Edited By: Sheenu Sharma @20sheenu
Published: , Updated:
Allahabad:

The Allahabad High Court delivered a stinging verdict, declaring the inflammatory slogan "Gustakh-e-nabi ki ek saza, sar tan se juda" (the only punishment for insulting the prophet is beheading) a direct assault on India's legal authority, sovereignty, and unity. Justice Arun Kumar Singh Deshwal ruled it incites armed rebellion, making it punishable under Section 152 of the Bharatiya Nyaya Sanhita (BNS)—which targets acts endangering national integrity. Rejecting bail for accused Rihan, the court found "sufficient material" proving his role in an unlawful assembly that injured police and damaged vehicles.

Bareilly chaos: 500-strong mob clashes with police

The flashpoint erupted on May 26 in Bareilly's Biharipur when Ittefaq Minnat Council president Maulana Taukir Raza mobilised 500 people. The crowd chanted the slogan repeatedly, defying police orders to disperse. Violence exploded- policemen suffered injuries, while public and private vehicles lay vandalized. Seven rioters, including bail-seeker Rihan (arrested on-site), faced charges. "This is nothing but an offence against the State," the court noted, denying bail outright.

Religious slogans vs Hate: Court's sharp distinction

Justice Deshwal drew clear lines between devotional chants and divisive threats. Peaceful religious proclamations- like Muslims' "Nara-e-Takbir, Allahu Akbar" (God is greatest), Sikhs' "Jo bole so nihaal, Sat Sri Akal" (truth is eternal), or Hindus' "Jai Shree Ram" and "Har Har Mahadev"- carry no offense unless weaponized to intimidate others. The court stressed: "Raising devotional calls is fine- until maliciously used against other faiths."

No Quranic roots: Slogan betrays Islam's core tenets

The bench exposed the slogan's lack of religious sanction: "It finds no trace in the Quran or any Islamic text," despite widespread use by some Muslims unaware of its gravity. Citing Prophet Mohammad's examples of mercy, like forgiving enemies and protecting non-Muslims, the court ruled the chant contradicts Islam's foundational principles of compassion, branding it a perversion that fuels anarchy.

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