The court refused bail to Muhammad Rihan, accused of raising objectionable slogan, added that the slogan incites the people for arm rebellion and is against the basic tenets of Islam
NEW DELHI — The Allahabad High Court has ruled that the slogan “Gustakh-e-nabi ki ek saza, sar tan se juda” (the only punishment for insulting the Prophet is beheading) is a challenge to the country’s sovereignty and integrity as it incites armed rebellion.
Refusing bail to Muhammad Rihan, who is accused of raising this slogan during the September violence in Bareilly, Justice Arun Kumar Singh Deshwal on Wednesday stated that such slogans contradict the basic tenets of Islam and are punishable under Section 152 of the Bharatiya Nyaya Sanhita (BNS).
The court emphasised that while devotional slogans like “Nara-e-Takbir”, “Allahu Akbar”, “Har Har Mahadev”, and “Jai Shree Ram” are acceptable, using slogans to intimidate others or incite violence is not condoned. Justice Deshwal noted that the slogan ‘sar tan se juda’ has no basis in Islamic texts and is being misused by some people to intimidate those of other religions and challenge the state authority.
Police have accused influential cleric and president of Ittehad-e-Millat Council Maulana Tauqir Raza as the main accused for inciting the violence. As per the investigation, the accused had chanted slogans against the government and as well as slogan that calls for beheading of those insulting the Prophet, before pelting stones on police and passers-by.
The court noted that “any slogan by a crowd that provides a death sentence contrary to the appropriate punishment provided by the BNS or other criminal law is not only against the constitutional object but also a challenge to the lawful authority of the Indian legal system,” it added.
Observing that the slogan in question does not have any trace in the Qur’an or any other religious text belonging to Muslims, court noted that even then the same is being used widely by several Muslims without knowing its correct meaning and effect.
“There are several instances which shows even Prophet Muhammad had shown his kindness despite being disrespected by some people and he never desired or expressed to behead such person,” the court noted.
