Allahabad HC: 'Sar Tan Se Juda' Slogan Incites Rebellion, Not Religious Expression

The Allahabad High Court has ruled that the slogan "Gustakh-e-Nabi Ki Ek Hi Saza, Sar Tan Se Juda" — which calls for beheading anyone who insults the Prophet — cannot be treated as a mere religious expression. Justice Ashutosh Srivastava observed that the slogan directly challenges the authority of law and the sovereignty and integrity of India.

The court made the observation while rejecting the bail plea of Maulana Tauquir Raza, a clerk at the Ala Hazrat Dargah who also heads the Ittehad-e-Millat Council. Raza was arrested in connection with the violence that erupted in Bareilly last September following a controversy over posters reading 'I love Mohammed'.

Prosecutors alleged that the slogan was raised at a gathering that subsequently turned violent, with the mob attacking police personnel, hurling stones and petrol bombs, and damaging public property.

The court drew a clear distinction between this slogan and others like "Jai Shri Ram", "Har Har Mahadev", "Nara-e-Takbir, Allahu Akbar", or "Jo Bole So Nihal Sat Sri Akal". It noted that those slogans express reverence for a deity or guru, whereas "Sar tan se juda" incites people toward armed rebellion.

Although Raza was not physically present at the scene of the violence, the court noted that records showed he had called upon members of the Muslim community to assemble at Islamia Inter College after Friday prayers, despite the administration denying permission for the gathering. The court also took note of his alleged conduct after the incident, including thanking those who had responded to his call.