'Sar tan se juda' slogan is challenge to integrity of India, incites rebellion: Allahabad High Court

The Allahabad High Court has ruled that the slogan 'gustakh-e-nabi ki ek saza, sar tan se juda, sar tan se juda' ('for insulting the Prophet, there is one punishment: beheading, beheading') is a challenge to the authority of law as well as sovereignty and integrity of India as the same incites the people to armed rebellion.

Justice Arun Kumar Singh Deshwal opined that the 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.

"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 Court observed.

The Court added that any slogan by a crowd that provides a death sentence, contrary to the appropriate punishment provided by the law is not only against the constitutional object but also a challenge to the lawful authority of the Indian legal system.

It observed that slogans or proclamations are generally used in every religion, but for the purpose of showing their respect to the concerned God or Guru.

"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 opined.

It explained that raising or chanting these slogans (devotional calls or proclamations) by any person or a crowd is not an offence unless they are maliciously used to intimidate persons belonging to other religions.

"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," the Court observed.

Referring to the past instances of Hindu-Muslim conflicts in undivided India, the Court noted that blasphemy law was enacted by the British in 1927. It also referred to the amendments made by Pakistan in its blasphemy law to prescribe death penalty for acts disrespecting the Quran and the prophets. The Court then traced the origins of the 'sar tan se juda' slogan to the neighbouring country.

"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," it said.

However, the Court noted that there are several instances which show that Prophet Mohammad had shown his kindness despite being disrespected by some people. The prophet never desired or expressed to behead such person, the Court said.

Thus, the Court opined that if any follower of Islam raises a slogan for beheading any person who disrespects the prophet, that is nothing but disrespect to the ideals of prophet Mohammad.

The Court made these observations while dealing with a bail plea moved by an accused in connection with the violence that broke out in Bareilly in September.

President of Ittefaq Minnat Council Maulana Taukir Raza had reportedly given a call for a demonstration against the State over alleged atrocities and lodging of false cases against the Muslim youth. 'Sar tan se juda' slogan is alleged to have been raised during a gathering in Biharipur.

Following clashes between the people and police, an FIR was lodged against 25 named and 1,700 unknown persons. Thereafter, police also arrested other named accused and identified unknown persons on the basis of investigation.

One of the accused, Rihan in his bail plea said that he was falsely implicated in the case.

However, the Court said that there was sufficient material in the case diary showing that he 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.

"Therefore, this court does not find any ground to release the applicant on bail," it ruled, while dismissing the bail plea.

Advocate Akhilesh Kumar Dwivedi appeared for the accused.

Additional Advocate General Anoop Trivedi assisted by advocates Sanjay Kumar Singh and Nitesh Kumar Srivastava appeared for the State of UP.

[Read Order]