‘Sar Tan Se Juda’ slogan is a challenge to the authority of law as well as sovereignty of India, says Allahabad High Court

Allahabad High Court on Wednesday (December 17, 2025) said that the slogan “gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda (the only punishment for insult to prophet and that is beheading)” is a challenge to the authority of law as well as sovereignty and integrity of India.

Refusing bail to a person accused of reciting this slogan, Bench of justice Arun Kumar Singh Deshwal, added that the slogan incites the people for arm rebellion and is against the basic tenets of Islam.

The matter pertains to a bail application filed by Mohd. Rihan, one of the accused arrested in connection with the Bareilly violence that broke in September 2025 after the row over the posters of ‘I love Mohammed’.

U.P. Police have accused Maulana Taukir Raza, president of political outfit Ittehad-e-Millat Council, as 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 insult the Prophet, before pelting stones on police and passers-by. 

The court said that chanting devotional slogans like “nara-e-takbir”, “Allahu Akbar”, “Jo bole so nihaal, Sat Sri Akal”, “Jai Shree Ram” or “Har Har Mahadev”, is not an offence unless they are maliciously used to intimidate persons belonging to other religions.

It added that chanting such slogans which provides punishment of beheading for disrespecting the 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.

“….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 Quran 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 Mohammad had shown his kindness despite being disrespected by some people and he never desired or expressed to behead such person,” the court noted.