‘Sar tan se juda’ challenges authority of law, not same as ‘Jai Shri Ram’, says Allahabad HC

The Allahabad High Court on Monday (September 7, 2026) held that the slogan “Gustakh-e-Nabi Ki Ek Hi Saza, Sar Tan Se Juda” (there is only one punishment for someone who insults the Prophet: beheading) amounts to a challenge to the authority of law and the sovereignty and integrity of India, observing that it cannot be equated with religious slogans such as “Jai Shri Ram”, “Har Har Mahadev”, or “Nara-e-Takbir, Allahu Akbar”.

Justice Ashutosh Srivastava made the observation while rejecting the bail application of Ala Hazrat Dargah’s clerk Maulana Tauquir Raza. Mr. Raza was arrested in connection with the Bareilly violence that broke out in September last year after the row over the posters of ‘I love Mohammed’.

The Uttar Pradesh police have accused Mr. Raza, who also heads a political outfit Ittehad-e-Millat Council, of inciting the violence. The prosecution had alleged that the slogan was raised during a gathering that later turned violent, with the mob allegedly attacking police personnel, hurling stones and petrol bombs, and damaging public property.

The court said the “Sar tan se juda” slogan was not merely an expression of religious belief but “incites the people for an armed rebellion”, and therefore could not be placed on the same footing as slogans expressing reverence for a particular deity or religious figure.

“The said slogan cannot be equated to other slogans like “Nara-e-Takbir, Allahu Akbar”, “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,” the court noted.

The court observed that although Mr. Raza was not present at the scene of the violence, the records showed that he had called upon members of the Muslim community to assemble at Islamia Inter College following Friday prayers, despite the administration not granting permission for the gathering.

The court noted his alleged conduct after the incident, including thanking the people who had responded to his call.