'Sar Tan Se Juda' Not Protected Speech, Challenges India's Sovereignty And Integrity: Allahabad High Court Denies Bail In Bareilly Violence Case

The Allahabad High Court while denying bail to a man allegedly involved in an unlawful assembly and accused of raising objectionable slogans among "gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda" held that the same is not protected speech and challenges the authority of law as well as sovereignty and integrity of India.

The Court was considering a Bail Application in a case registered under under Sections-109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2) and 62 Bharatiya Nyaya Sanhita, Section 7 of the Criminal Law Amendment Act and Sections 3 and 4 of the Prevention of Damage of Public Property Act.

The Bench of Justice Arun Kumar Singh Deshwal held, ".....the slogan raised by an individual person or by a crowd that "gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda" is a challenge to the authority of law as well as sovereignty and integrity of India as the same incites the people for arm rebellion, therefore, this act not only will be punishable under Section 152 BNS but also against the basic tenets of Islam."

The Applicant was represented by Advocate Akhilesh Kumar Dwivedi, while the Respondent was represented by the Government Advocate.

Facts of the Case

As per the prosecution's case, an FIR was lodged in May 2025 with the allegation that the President of Ittefaq Minnat Council Maulana Taukir Raza had given a call to the muslim community to assemble in the field of Islamia Inter College to make a demonstration against the State for atrocities as well as lodging false cases against the muslim youth. Police had received information that Maulana Taukir Raza, as well as one of the leaders of the INC, Nadeem Khan, had incited people belonging to the Muslim community to assemble in the grounds of Islamia Inter College. 

It was found that the crowd of 500 people assembled in Biharipur and they started making slogans against the Government and also raising slogans "gustakh-e-nabi ki ek saja sar tan se juda, sar tan se juda" and police tried to stop them but they started snatching the canes of the policemen and also torn their uniform and on objecting by the police, they started throwing petrol bomb, firing and stone pelting which has resulted into injury to several policemen and also damage to several police and private vehicles and on the spot. An FIR was lodged against 25 named and 1700 unknown persons.

Counsel for the Applicant had submitted that the Applicant had been falsely implicated and he was arrested from his home, but the Police falsely claimed his arrest from the spot. It was further submitted that the Applicant has no criminal history and there is no incriminating material against him.

Reasoning By Court

The Court at the outset mentioned that the offence of blasphemy or disrespecting any religion or God is punishable under Sections 299 and 196 of the Bharatiya Nyaya Sanhita and Section 302 further provides that if any person deliberately utters any word to wound religious feeling, thenhe shall be punished.

"........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 Constitution of India provides freedom of speech and expression as well as other liberties to all Indian citizens irrespective of their caste, creed or religion. Therefore, if a person, instead of respecting the law framed under the Indian constitution, attempts to challenge the law or promotes or incites people to commit an offence in the garb of providing punishment, though the same is not provided in the criminal law then that should be dealt with strictly. The Constitution of India permits the right to assemble and freedom of speech and expression under Article 19 of the Constitution of India, but it has certain limitations as per Article 19(2) of the Constitution of India. Therefore, 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 and also punishable under Section 152 BNS....", the Court held.

The Application was accordingly rejected.

Cause Title: Rihan v. State of U.P.

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