"Sar Tan Se Juda" Slogan Challenges Sovereignty & Integrity Of India: Allahabad High Court Junks Bail Application Of IMC President
|The Allahabad High Court was considering a bail application filed under Section 483 of the BNSS by the President of IMC in a criminal case registered against him.
Finding force in the argument of the State that the slogan "Gushtakh-e- Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda" is nothing but a challenge to the authority of law as well as to the sovereignty and integrity of India, the Allahabad High Court has rejected the bail application of the President of IMC (Ittehad-e-Millat Council) booked under the provisions of the Bharatiya Nyaya Sanhita (BNS) and the Prevention of Damage of Public Property Act.
The High Court was considering a bail application filed under Section 483 of the BNSS on behalf of the applicant Maulana Tauqeer Raza Khan seeking the enlargement on bail of the applicant in a case registered 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), 62 of the BNS, Section 7 of Criminal Law Amendment Act and Section 3,4 of Prevention of Damage of Public Property Act.
The Single Bench of Justice Ashutosh Srivastava held, “The Court also finds force in the submission of Sri Anoop Trivedi, learned Senior Counsel/Additional Advocate General for the State to the effect that the slogan "Gushtakh-e- Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda" is nothing but a challenge to the authority of law as also to the sovereignty and integrity of India and incites the people for an arm rebellion which is punishable under the law. The said slogan cannot be equated to other slogans like "Nara-e-Takbir, AllahuAkbar" "Jo Bole So Nihal Sat Sri Akal", or for that matter "Jai Shri Ram" or "Har Har Mahadev", which are slogans expressing respect to the concerned God or Guru.”
Advocate Mohd Imdad Siddiqui represented the Applicant while Government Advocate represented the Opposite Party.
Factual Background
The FIR giving rise to the case in question was lodged nominating the applicant as President of IMC (Ittehad-e-Millat Council) besides 24 other named and about 1700 unknown persons. It was alleged that the applicant, who is the President of the above-mentioned Association had given a Call in a Public Meeting held on September 19, 2025 persuading the Members of the Muslim Community to assemble in the ground of Islamia Inter College for the protest against the atrocities being faced by the Muslim Community as well as lodging of false cases against them by the State Government. The local Administration issued an order under Section 163 of the BNSS, 2023 in Bareilly prohibiting the assembly of 5 or more persons at a public place. Despite such prohibition, around 200-250 persons marched towards Islamia Inter College in response to the Call of the applicant, and when the Police tried to stop them, they started making incitements "Gustakh-e-Nabi Ki Ek Hi Saza, Sar Tan Se Juda, Sar Tan Se Juda". It was further alleged that they raised slogans against the Government, pelted stones and fired upon the Police Party.
Reasoning
On a perusal of the facts of the case, the Bench noted that the applicant was not present at the place of the incident and was confined at the house of the co-accused Farhat Ali. The records revealed that the applicant, in order to satisfy his religious and private political interests, he took the opportunity of the Friday Namaz. The the masses of the Muslim Community were asked to assemble on the grounds of Islamia Inter College after the Namaz to protest against the Government action on the Muslim Community and submit a Memorandum to the President of India through the District Magistrate, Bareilly. The call was made without seeking permission from the local administration for such a large assembly, it noticed.
The Bench further noticed that the masses of the Muslim Community did undertake the march to the Islamia Grounds and when the same was prevented by the Police Personnel who were merely performing their duties to maintain the law and order were man-handled by the crowd which indulged in rioting, destruction of public property resulting in injuries to Police Personnel.
“The conduct of the applicant after of the incident by giving a speech thanking the masses for responding to the Call in large numbers and applauding their acts cannot also be approved of”, it stated.
Affirming the view that the slogan "Gushtakh-e- Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda" is a challenge to the authority of law, the Bench rejected the bail application.
Cause Title: Maulana Tauqeer Raza Khan v. State of U.P. (Neutral Citation: 2026:AHC:185783)