No ‘Sar Tan Se Juda’ Slogan, It’s Offence Against the State: Allahabad HC.

‘Sar Tan Se Juda’ Slogan Challenges Sovereignty of India, Incites Armed Rebellion: Allahabad High Court.

Upendra Bharti | HENB | Prayagraj | Dec 21, 2025:: The Allahabad High Court, in an order delivered on December 17, 2025, rejected the bail plea of Rihan, one of the accused in a case linked to Maulana Taukir Raza, holding that the slogan “Gustakh-e-Nabi ki ek saza, sar tan se juda” is a direct challenge to the authority of law as well as the sovereignty and integrity of India, as it incites people towards armed rebellion.

Rihan was among those arrested following a violent incident on May 26, when, on the call of Ittefaq-e-Millat Council president Maulana Taukir Raza, a crowd of around 500 people assembled in Biharipur area of Bareilly and raised the slogan repeatedly. The gathering allegedly turned violent, leading to injuries to police personnel and damage to public and private property.

The alleged mastermind of the ‘I Love Muhammad’ protests that turned violent in Bareilly,  Maulana Taukir Raza, is a habitual troublemaker and a power magnet for the Congress, Samajwadi Party, and Bahujan Samaj party, as believed.

Rejecting the 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.”

The court noted that Rihan was arrested from the spot, and held that the offence was clearly against the State.

“It is nothing but an offence against the State. Therefore, this court does not find any ground to release the applicant on bail. Accordingly, the bail application is rejected,” the bench said.

The order, uploaded on Thursday, makes a detailed distinction between religious devotional slogans and violent, threatening proclamations. The court observed that slogans are common across religions and are generally used to express reverence or devotion.

“In Islam, ‘Nara-e-Takbir’ followed by ‘Allahu Akbar’ means God is the greatest and there is no dispute or objection about it,” the court said.

Similarly, it referred to the Sikh proclamation “Jo bole so nihaal, Sat Sri Akal”, popularised by Guru Gobind Singh Ji, and Hindu devotional chants such as “Jai Shri Ram” and “Har Har Mahadev”, noting that chanting such slogans in joyful or religious contexts does not constitute an offence.

However, the bench underlined that slogans become criminal when maliciously used to intimidate, threaten, or instil fear among people of other faiths.

The court categorically noted that the slogan “Gustakh-e-Nabi ki ek saza, sar tan se juda” has no basis in the Quran or any recognised Islamic religious text, yet is widely used by some without understanding its implications.

“Even then, this slogan is being used widely by several Muslim persons without knowing its correct meaning and effect,” the court observed.

Referring to instances from the life of Prophet Muhammad highlighting compassion and forgiveness, the High Court said that the slogan not only violates Indian law but is also against the basic tenets of Islam.

“In view of the above analysis, it is clear that the slogan raised by an individual or by a crowd is a challenge to the authority of law as well as sovereignty and integrity of India, as the same incites people for armed rebellion,” the bench held.

The court said such acts attract punishment under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with offences endangering the sovereignty, unity, and integrity of India.

The ruling is seen as a significant judicial pronouncement amid rising concerns over the use of violent and extremist slogans during public gatherings, and reinforces the principle that freedom of expression cannot extend to calls for violence or rebellion against the State.

_Agency Inputs.