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The Allahabad High Court has categorically declared that the slogan \u201cgustakh-e-nabi ki ek saja, sar tan se juda\u201d<\/em> is not protected speech, not religious expression, and not dissent, but a direct assault on India\u2019s Constitution, legal system, and sovereignty.<\/p>\n Rejecting the bail plea of Rihan, an accused in the Bareilly violence linked to the \u201cI Love Muhammad\u201d controversy, the court held that raising such slogans amounts to challenging the authority of the Indian State and inciting armed rebellion.<\/p>\n The order, passed on December 17, by Justice Arun Kumar Singh Deshwal, runs into detailed constitutional, legal, historical and ideological analysis, making it one of the strongest judicial indictments of Islamist mob radicalism in recent years.<\/p>\n Rihan, arrested during large-scale violence in Bareilly, had sought bail claiming false implication, lack of criminal history, and alleged arrest from his home. His counsel argued that there was no incriminating material linking him to violence.<\/p>\n The State of Uttar Pradesh, represented by Additional Advocate General Anoop Trivedi, firmly opposed the plea, asserting that Rihan was part of an unlawful assembly that:<\/p>\n \u201cThere 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,\u201d the court observed.<\/p>\n Calling the acts \u201cnothing but an offence against the State,\u201d the court refused to grant bail. A central pillar of the judgement is the court\u2019s firm rejection of the ideological premise behind the slogan.<\/p>\n Justice Deshwal meticulously explained that Indian criminal law already addresses religious insult, but explicitly rejects vigilante justice.<\/p>\n Referring to the Bharatiya Nyaya Sanhita (BNS), the court highlighted:<\/strong><\/p>\n \u201cThere is no such punishment provided in Indian law which permits beheading a person for disrespecting any God, Prophet or religious figure,\u201d the court stated.<\/p>\n The slogan, the court held, shows disdain for the Indian legal system and replaces rule of law with mob-enforced religious terror. The judgement draws a sharp constitutional line between legitimate expression and criminal incitement.<\/p>\n While acknowledging Article 19 guarantees freedom of speech and assembly, the court underlined that Article 19(2) explicitly restricts speech that threatens:<\/p>\n \u201cAny slogan that calls for murder, contrary to punishments prescribed under law, directly challenges the legitimacy of the Indian legal system and is punishable,\u201d the order said.<\/p>\n To remove any ambiguity, the judge contrasted the extremist slogan with religious chants from different faiths\u2014\u201cJai Shri Ram,\u201d \u201cHar Har Mahadev,\u201d \u201cJo Bole So Nihal,\u201d \u201cAllahu Akbar\u201d noting that devotional slogans are lawful unless weaponised to intimidate or incite violence.<\/p>\n The phrase \u201csar tan se juda\u201d, however, explicitly calls for killing, placing it outside constitutional protection.<\/p>\n In a striking observation, the High Court traced the slogan\u2019s origins to Pakistan\u2019s extremist ecosystem, exposing it as an imported ideology rather than a religious doctrine.<\/p>\n The court recorded that:<\/strong><\/p>\n \u201cThis slogan spread to other countries including India and has been widely misused to intimidate people of other religions and challenge the authority of the State,\u201d the court noted.<\/p>\n The judge warned that its use in India amounts to importing Pakistan-style blasphemy vigilantism, which is fundamentally incompatible with India\u2019s constitutional order.<\/p>\n The case stems from violent unrest triggered after Maulana Taukir Raza Khan, head of the Ittefaq Minnat Council, allegedly called for a mass mobilisation.<\/p>\n Despite prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS):<\/p>\n Seven accused, including Rihan, were arrested on the spot. An FIR was registered against 25 named and 1700 unknown individuals, with arrests based on CCTV footage, witness testimony and confessions.<\/p>\n Perhaps the most consequential finding of the judgement is its classification of the slogan as incitement to armed rebellion. \u201cRaising such a slogan challenges the authority of law, sovereignty and integrity of India and encourages people to take the law into their own hands,\u201d the court held.<\/p>\n By invoking Section 152 BNS, the court effectively placed such slogans in the category of anti-national criminal conduct, not mere hate speech.<\/p>\n The High Court also acknowledged the deadly consequences associated with the slogan, referencing how similar ideological motivations have led to:<\/p>\n The judgement recognised that the slogan places an implicit death sentence on anyone branded a \u201cblasphemer,\u201d regardless of truth or law.<\/p>\n Credit : Organiser Weekly<\/p>\n","protected":false},"excerpt":{"rendered":" The Allahabad High Court has categorically declared that the slogan \u201cgustakh-e-nabi ki ek saja, sar tan se juda\u201d is not protected speech, not religious expression, and not dissent, but a direct assault on India\u2019s Constitution, legal system, and sovereignty. Rejecting the bail plea of Rihan, an accused in the Bareilly violence linked to the \u201cI …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[131],"tags":[31287,31288,31289,31286],"class_list":["post-57015","post","type-post","status-publish","format-standard","","category-regional","tag-allahabad-high-court","tag-gustakh-e-nabi","tag-i-love-muhammad","tag-sar-tan-se-juda"],"yoast_head":"\n\n
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