Prayagraj, December 18: The Allahabad High Court has rejected the bail plea of ​​Rihan, an accused in the Bareilly violence that took place in May.
In this case, at the call of Maulana Tauqeer Raza, president of the Ittefaq Minnat Council (INC), a crowd of 500 people gathered in Biharipur and raised slogans against the government, shouting slogans like “Gustakh-e-Nabi ki ek saza, sar tan se juda, sar tan se juda.” Police tried to stop them, but they snatched the police’s batons, tore their uniforms, and began pelting the police with stones, petrol bombs, and firing, injuring several policemen and damaging several police and private vehicles. Seven people, including the petitioner, were arrested from the spot.
Justice Arun Kumar Singh Deswal, while rejecting the bail application, stated that the case diary contained sufficient material to demonstrate that the petitioner was part of an unlawful assembly that not only raised objectionable slogans challenging the authority of the Indian legal system, but also injured policemen and damaged public and private property, which constitute crimes against the state. He was arrested on the spot. Therefore, this court finds no basis for his release on bail.
While rejecting bail, the court also noted that while every religion typically has slogans or proclamations, these slogans are meant to show respect to their respective God or Guru. For example, among Muslims, the “Nara-e-Takbir” is followed by “Allahu Akbar,” which means God is the greatest, and there is no dispute or objection to this. Similarly, in Sikhism, the slogan “Jo Bole So Nihal, Sat Sri Akal” is also meant to acknowledge God as the ultimate, eternal truth, and this call was popularized by Guru Gobind Singh Ji. Similarly, chanting slogans like “Jai Shri Ram” or “Har Har Mahadev” by Hindus during moments of joy and happiness is also a religious invocation. Therefore, chanting these slogans by an individual or mob is not a crime unless they are used to intimidate people belonging to other religions. Although the phrase “Gustakh-e-Nabi ki ek sazaa, sar tan se juda, sar tan se juda” is not mentioned in the Quran or any other Muslim religious text, many Muslims use it without understanding its meaning and implications.
Citing examples and citing the kindness of Prophet Muhammad, the Court stated that in light of the above analysis, it is clear that chanting the slogan “Gustakh-e-Nabi ki ek sazaa, sar tan se juda, sar tan se juda” by an individual or mob is a challenge to the authority of the law and the sovereignty and integrity of India because it incites people to armed rebellion. Therefore, this act is not only punishable under Section 152 of the Bharatiya Nyaya Sanhita (BNS) but also against the fundamental tenets of Islam. Section 152BNS deals with offences prejudicial to the sovereignty, unity and integrity of India.