The Allahabad High Court has ruled that the slogan “Gustakh-e-nabi ki ek saza, sar tan se juda” amounts to a direct challenge to the rule of law and the sovereignty of India, as it encourages violence and armed rebellion. The court made these observations while rejecting the bail plea of an accused in a Bareilly violence case.
Justice Arun Kumar Singh Deshwal said that raising such a slogan is punishable under Section 152 of the Bharatiya Nyaya Sanhita, which deals with acts endangering the sovereignty, unity and integrity of the country. The judge also noted that the slogan has no basis in Islamic teachings and goes against the core principles of Islam.
“Chanting the slogan ‘gustakh-e-nabi ki ek saza sar tan se juda’ which calls for beheading as punishment is a challenge to the sovereignty and integrity of India and also to the Indian legal system, which is founded on constitutional and democratic values,” the court observed.
The order came while hearing the bail application of Rihan, one of seven people arrested after an incident in Bareilly’s Biharipur area on May 26. According to the prosecution, around 500 people gathered following a call by Ittefaq Minnat Council president Maulana Taukir Raza and repeatedly raised the slogan. When police tried to stop the crowd, clashes broke out in which several policemen were injured and both public and private vehicles were damaged.
The court said the case diary showed enough material to prove that the accused was part of an unlawful assembly. “There is sufficient material to show that the applicant participated in an unlawful gathering that raised objectionable slogans, injured police personnel and damaged property,” the bench said, adding that the offence was against the State itself. “There is no ground to grant bail,” the court ruled while rejecting the plea.
Justice Deshwal also clearly differentiated between religious devotional slogans and slogans that promote violence. He said that all religions have chants meant to express faith and respect. “In Islam, ‘nara-e-takbir’ followed by ‘Allahu Akbar’ simply means God is the greatest and there is no objection to it,” he said. He also referred to Sikh and Hindu slogans like “Jo bole so nihaal, Sat Sri Akal”, “Jai Shri Ram” and “Har Har Mahadev”, stating that such chants are not offences unless they are deliberately used to threaten or intimidate others.
The court stressed that the controversial slogan does not appear in the Quran or any authentic Islamic text. “Even then, it is being raised by several Muslim persons without understanding its meaning and consequences,” the judge noted.
Referring to the life of Prophet Muhammad, the court highlighted examples of mercy, forgiveness and protection of non-Muslims, and said the slogan completely contradicts Islam’s values of compassion and peace. The bench described the chant as a distortion of religion that promotes chaos and anarchy rather than faith.
