'Sar tan se juda' slogan incites people: Allahabad HC denies bail to Muslim cleric in Bareilly riot case

The Allahabad High Court on Monday denied bail to an Islamic cleric accused of inciting violence in Bareilly in September 2025 during a protest against alleged excesses by the Uttar Pradesh government against Muslims [Maulana Tauqeer Raza Khan v. State of UP]

Justice Ashutosh Srivastava said that the accused, Maulana Tauqeer Raza, had called for the protest to satisfy his religious and political interests. The same was done without seeking official permission for the assembly, the Court found.

The Court rejected the explanation that the call to to assemble in Islamia Inter College ground had been cancelled due to denial of permission. It noted that the march was still undertaken and when prevented by the police, there was rioting and destruction of public property.

"The conduct of the applicant after the incident by giving a speech thanking the masses for responding to the Call in large numbers and applauding their acts cannot also be approved of," the Bench said.

The Court also held,

"The Court also finds force in the submission of Sri Anoop Trivedi, learned Senior Counsel/Additional Advocate General for the State to the effect that the slogan "Gushtakh-e- Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda" is nothing but a challenge to the authority of law as also to the sovereignty and integrity of India and incites the people for an arm rebellion which is punishable under the law."

The Court added that such a slogan cannot be equated to other slogans like "Nara-e-Takbir, Allahu- Akbar" "Jo Bole So Nihal Sat Sri Akal", or "Jai Shri Ram" or "Har Har Mahadev", which are slogans expressing respect to the concerned God or Guru. 

In December 2025, the High Court had made similar observations while denying bail to a co-accused. The Court had said that use of such slogan will not only be punishable under Section 152 (act endangering sovereignty, unity and integrity of India) of the Bharatiya Nyaya Sanhita (BNS) but also goes against the basic tenets of Islam.

Raza had reportedly given a call for a demonstration against the State over alleged atrocities and lodging of false cases against Muslim youth. The 'sar tan se juda' slogan is alleged to have been raised during the gathering.

Following clashes between the people and police, an FIR was lodged against 25 named and 1,700 unknown persons. Thereafter, the police also arrested other named accused and identified unknown persons on the basis of investigation. Raza was not present at the place of incident.

Senior Advocate Satish Trivedi with Advocate Seshadari Trivedi along with Senior Advocate Imran Ullah with Advocate Mohd Imdad Siddiqui represented the petitioner.

Additional Advocate General Anoop Trivedi with Advocates Nitesh Kumar Srivastava, Paritosh Malviya and Sanjay Kumar Singh represented the State.

[Read Judgment]