'Sar Tan Se Juda Slogan Challenges India's Sovereignty, Integrity': Why Allahabad HC Denied Bail In Bareilly Violence Case

Last Updated:December 20, 2025, 03:02 IST

The court said such expressions go beyond protected speech and fall within the realm of incitement and unlawful conduct

The case stems from violence that allegedly broke out following a call for a protest despite prohibitory orders being in force in UP's Bareilly district. File pic/PTI

The Allahabad High Court recently observed that raising the slogan “gustakh-e-nabi ki ek saja, sar tan se juda" amounts to a direct challenge to the authority of law and the sovereignty and integrity of India, while rejecting a bail plea in a case related to Bareilly violence.

On September 26 this year, violence erupted in Bareilly during a protest over alleged derogatory remarks against the Prophet, and rising tensions triggered by objections to “I Love Muhammad" posters in Kanpur.

Justice Arun Kumar Singh Deshwal, in a detailed order, ruled that Indian criminal law already provides specific punishments for acts that insult religion or promote communal enmity, and that advocating beheading as punishment through public slogans cannot be legitimised under the constitutional framework.

The court said such expressions go beyond protected speech and fall within the realm of incitement and unlawful conduct.

Moreover, the judge held that this slogan incites the people to armed rebellion, which is not only punishable under Section 152 BNS but also against the basic tenets of Islam.

Justice Deshwal emphasised that Prophet Muhammad met disrespect with kindness, not violence, noting that slogans calling for beheading are contrary to his ideals and instead promote hostility and enmity.

The observations were made while dismissing the bail application of Rihan, an accused in Case Crime No. 489 of 2025 registered at Kotwali police station in Bareilly. The case stems from violence that allegedly broke out following a call for a protest despite prohibitory orders being in force in the district.

According to the prosecution, the president of the Ittefaq Minnat Council, Maulana Taukir Raza, along with another leader, Nadeem Khan, had called upon members of the Muslim community to gather after namaz on September 26 at the grounds of Islamia Inter College. Anticipating the gathering, the police imposed restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, prohibiting assemblies of more than five persons.

Despite the restrictions and police requests not to proceed, a crowd of around 500 people allegedly assembled in the Biharipur area. The FIR records that slogans against the state were raised and that the crowd repeatedly chanted “gustakh-e-nabi ki ek saja, sar tan se juda". When police personnel attempted to prevent the gathering from moving further, the situation allegedly escalated into violence.

The prosecution alleged that members of the crowd resorted to stone pelting, firing, and throwing petrol bombs, resulting in injuries to several policemen. Public and private vehicles were also damaged during the incident. Seven people, including the applicant, were arrested on the spot. Subsequent investigation, based on statements of the arrested accused, identification by witnesses, and CCTV footage, led to the naming of 25 accused and around 1,700 unidentified persons.

Before the high court, Rihan denied involvement and claimed false implication. He argued that he was not arrested from the spot, had no criminal antecedents, and that there was no material to establish his participation in the alleged offences.

Rejecting these submissions, the court said the case diary contained sufficient material to show that Rihan was part of an unlawful assembly that violated prohibitory orders, raised objectionable slogans and engaged in violence against the police.

The court underscored that slogans advocating punishments not recognised by Indian law undermine the constitutional and legal system, and cannot be defended as religious expression.

Holding that the acts alleged were offences against the state, the High Court concluded that no ground for bail was made out and dismissed the application.

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