The Allahabad High Court has ruled that raising the ‘sar tan se juda’ slogan challenges the authority of Indian law and the country’s sovereignty. The Court said such slogans promote violence, incite rebellion and are punishable under the Bharatiya Nyaya Sanhita.
The Allahabad High Court has held that raising the slogan ‘gustakh-e-nabi ki ek saza, sar tan se juda, sar tan se juda’ (meaning for insulting the Prophet, there is only one punishment – beheading) is a direct challenge to the authority of law and also a serious threat to the sovereignty and integrity of India, as it encourages violence and armed rebellion.
Justice Arun Kumar Singh Deshwal observed that the use of such a slogan is not only punishable under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with acts endangering the sovereignty, unity and integrity of India, but also goes against the core principles of Islam itself.
The Court observed,
“Chanting the slogan “gustakh-e-nabi ki ek saja sar tan se juda, sar tan se juda” which provides punishment of beheading for disrespecting the Nabi (Prophet) amounts to challenging the sovereignty and integrity of India and also the indian legal system, which is based on solemn constitutional objective, which is rooted in democratic principles,”.
The High Court further stated that when a crowd raises slogans declaring a death sentence which is completely contrary to the punishment prescribed under Indian law, it not only violates constitutional values but also openly challenges the lawful authority of the Indian legal system.
The Court explained that slogans and proclamations exist in all religions and are generally used to express devotion, respect or reverence towards God or religious figures.
It stated,
“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. Similarly, chanting the slogans (Devotional call) in a cheerful and joyful moments by Hindus like “Jai Shree Ram” or “Har Har Mahadev”,”.
The Court clarified that raising or chanting such devotional slogans by an individual or a crowd does not amount to an offence unless they are deliberately and maliciously used to threaten, intimidate or provoke people belonging to other religions.
It further noted,
“Though the slogan “gustakh-e-nabi ki ek saja sar tan 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,”.
Referring to historical developments, the Court recalled that during Hindu-Muslim tensions in undivided India, the British government introduced blasphemy laws in 1927.
It also referred to later amendments in Pakistan, where blasphemy laws were strengthened to prescribe the death penalty for disrespecting the Quran and the prophets.
Tracing the origin of the controversial slogan, the Court observed,
“Thereafter, in the year 2011, a Christian woman, Asia Bibi, was convicted under the blasphemy law in Pakistan. The Governor of Punjab, Salman Taseer, educated in London, supported the women Asia Bibi, and this created huge unrest in the Pakistan and the crowd assembled on roads making demonstration under the leadership of Mulla Khadim Hussain Rizvi, who for the first time used the slogan “gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda” and thereafter this slogan also spread to other countries including India and has been widely misused by certain muslims just to intimidate the people of other religions and also to challenge the authority of the State,”.
At the same time, the High Court emphasized that there are several instances from history showing that Prophet Mohammad displayed compassion and kindness even when he was disrespected. The Court noted that the Prophet never wished for or ordered the beheading of such persons.
The Court therefore observed that if any follower of Islam raises slogans demanding beheading of a person for allegedly disrespecting the Prophet, it amounts to disrespecting the teachings and ideals of Prophet Mohammad himself.
These observations were made while hearing a bail plea filed by an accused in connection with the violence that broke out in Bareilly in September.
The incident took place after Maulana Taukir Raza, President of the Ittefaq Minnat Council, allegedly gave a call for a protest against the State, accusing it of atrocities and false cases against Muslim youth. During a gathering in Biharipur, slogans of ‘sar tan se juda’ were allegedly raised.
Following violent clashes between the crowd and police, an FIR was registered against 25 named persons and around 1,700 unknown individuals. Several accused were later arrested, and unknown persons were identified during the investigation.
One of the accused, Rihan, claimed in his bail application that he had been falsely implicated in the case.
However, the High Court observed that the case diary contained sufficient material showing that the accused was part of an unlawful assembly which raised objectionable slogans challenging the authority of the Indian legal system and also indulged in violence, resulting in injuries to police personnel and damage to public and private property.
The Court concluded,
“Therefore, this court does not find any ground to release the applicant on bail,”,
and dismissed the bail plea.
Advocate Akhilesh Kumar Dwivedi appeared on behalf of the accused. The State of Uttar Pradesh was represented by Additional Advocate General Anoop Trivedi, assisted by advocates Sanjay Kumar Singh and Nitesh Kumar Srivastava.
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