‘Behead’ slogan is a call to armed rebellion, says Allahabad HC; no bail to accused

BAREILLY/PRAYAGRAJ: Allahabad high court held that the slogan "gustakh-e-nabi ki ek hi saza, sar tan se juda" (If you disrespect our Prophet, we will behead you) is provocative and is a direct challenge to the authority of law, India's sovereignty and integrity. "It is aimed at inciting people towards armed rebellion and is also against the tenets of Islam," it said.

The observation by Justice Arun Kumar Singh Deshwal came in an order while refusing bail to an accused, Mohd Rihan, who was arrested soon after the Sept 26 violence that took place during a protest related to the 'I Love Muhammad' campaign in parts of UP.

An FIR against Rihan was lodged at Kotwali police station, along with Bareilly-based Ittehad-e-Millat Council chief Maulana Tauqeer Raza Khan. It was alleged that Tauqeer Raza and another member of the organisation, Nadeem Khan, had incited the Muslim community members to assemble at the Islamia Ground in Bareilly to protest against the authorities on Sept 26. Though the prohibition of assembly was already imposed in the city, the crowd gathered and raised the said slogan and also shouted slogans against the govt.

When police teams tried to stop the crowd marching towards the collectorate, the protesters allegedly snatched their batons and tore uniforms. The crowd then allegedly pelted stones, threw petrol bombs and opened fire, resulting in injuries to police personnel.



Rihan's advocate argued in court that police falsely implicated his client and that he was arrested from his house, not from the "clash spot". In response, govt counsel Nitish Kumar Shrivastava said, "The act of the applicant (Rihan) and other co-accused is not only promoting enmity between the religious communities but also against the State as well as against the unity and integrity of India."

"The slogans made by the crowd itself show that the persons involved in the protest march do not have any respect for the Indian legal system," Shrivastava said.

SSP Anurag Arya told TOI, "As of now, nine chargesheets have been filed in 11 cases. A total of 110 accused were arrested and charge-sheeted, while 77 are on the run."

The court stated that raising or chanting slogans (devotional calls or proclamations) by any person or a crowd is not an offence unless they are maliciously used to intimidate people belonging to other religions. Though the slogan "gustakh-e-nabi…" does not have any trace in the Quran or any other Islamic religious text, even then the slogan is being used widely ... without knowing its correct meaning and effect.

While passing the bail order, HC also mentioned the law of blasphemy and its subsequent amendments enacted in Pakistan after Partition, describing what is punishable. The court mentioned: "In 2011, a Christian woman, Asia Bibi, was convicted under the blasphemy law in Pakistan. The governor of Punjab, Salman Taseer, educated in London, supported the woman Asia Bibi, and this created a huge unrest in Pakistan. The crowd assembled on roads for demonstrations under the leadership of Mulla Khadim Hussain Rizvi, who for the first time used the slogan. Thereafter, this slogan spread to other countries and has been widely misused to intimidate people of other faiths and challenge the authority of the State.


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