Prayagraj: The slogan “Gustakh-e-nabi ki ek saza, sar tan se juda” (the only punishment for insulting the prophet is beheading) is a challenge to the authority of law as well as sovereignty and integrity of India as it incites people for armed rebellion, the Allahabad High Court has held.
Rejecting the bail plea of a person accused of raising the slogan, Justice Arun Kumar Singh Deshwal held that this act will not only be punishable under Section 152 of BNS but is also against the basic tenets of Islam.
Section 152 deals with acts endangering the sovereignty, unity and integrity of India.
Ittefaq Minnat Council president Maulana Taukir Raza had organised a meeting at Bareilly’s Biharipur on May 26 this year. Nearly 500 people had assembled there and raised the slogan “Gustakh-e-nabi ki ek saza, sar tan se juda, sar tan se juda”.
The police had intervened, but in the ensuing clashes, several policemen were injured and some police and private vehicles were damaged. Seven persons, including the bail applicant Rihan, were arrested.
“There is sufficient material in the case diary showing that the applicant was part of an unlawful assembly which not only raised objectionable slogans challenging the authority of the Indian legal system but also caused injuries to police personnel and damaged public as well as private property,” the Court observed, while denying bail to Rihan.
“It is nothing but an offence against the State and he was arrested from the spot. Therefore, this court does not find any ground to release the applicant on bail. And thus the bail application is rejected,” Justice Deshwal added, as per Deccan Herald.
“Generally, slogans or proclamations are used in every religion, but these slogans are for the purpose of showing their respect to the concerned God or Guru, like in Muslim ‘nara-e-takbir’ followed by ‘Allahu Akbar’ which means God is the greatest and there is no dispute or objection about it. Similarly, in the Sikh religion, the slogan (proclamation) ‘Jo bole so nihaal, Sat Sri Akal’ is also an acknowledgement of God as the ultimate, timeless reality and this call was popularised by Guru Gobind Singh Ji,” the Court observed.
“Chanting the slogans (devotional call) in cheerful and joyful moments by Hindus like ‘Jai Shree Ram’ or ‘Har Har Mahadev’. Therefore, raising or chanting these slogans (devotional calls or proclamations) by any person or a crowd is not an offence unless they are maliciously used to intimidate persons belonging to other religions,” it has been said in the order.
“Though the slogan ‘Gustakh-e-nabi ki ek saza, sartan se juda, sar tan se juda’ does not have any trace in the Quran or any other religious text belonging to Muslims, even then this slogan is being used widely by several Muslim persons without knowing its correct meaning and effect,” the Court observed.
“In view of above analysis, it is clear that the slogan raised by an individual person or by a crowd 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 is also against the basic tenets of Islam,” the Court said, giving some instances of the kindness of Prophet Mohammad.
