Raising ‘Sar Tan Se Juda’ Slogan Endangers India’s Integrity, Invites 7-Year Jail, Fine Under Section 152 BNS: HC
Prayagraj: In a significant ruling, a Single Judge Bench of the Allahabad High Court, presided over by Justice Arun Kumar Singh Deshwal, held on Friday that chanting the slogan “gustakh-e-nabi ki ek saza, sar tan se juda, sar tan se juda”—which calls for beheading as punishment—amounts to a direct challenge to the authority of law, and threatens the sovereignty, unity, and integrity of India. The Court observed that such chanting incites violence and can provoke armed rebellion against the State.
Background of the Case
The order was passed during the hearing of a bail application in Rihan v. State of Uttar Pradesh, arising from a violent incident in Bareilly on May 26, 2025. According to the prosecution, an unlawful assembly of over 500 people gathered after namaz at Islamia Inter College. The crowd allegedly raised anti-State slogans, including the controversial “sar tan se juda” chant.
When police attempted to enforce prohibitory orders, the situation escalated into violence involving stone-pelting, petrol bombs, firing, and damage to police vehicles and private property. Seven persons, including the bail applicant Rihan, were arrested from the spot.
Court’s Key Observations
Justice Deshwal made it clear that the slogan does not fall within the ambit of protected speech or legitimate religious expression. The Court held that:
-
The chant has no basis in any recognised religious scripture or accepted religious practice.
-
It openly promotes extrajudicial punishment by beheading, which is wholly contrary to India’s constitutional and penal framework.
-
When raised collectively, such slogans have the potential to incite public disorder and armed rebellion, striking at the core of the country’s democratic and legal system.
The Court ruled that raising such a slogan amounts to challenging the authority of law and the Indian legal order, making it punishable under Section 152 of the Bharatiya Nyaya Sanhita, which deals with acts endangering the sovereignty, unity, and integrity of India.
On Religion and Misuse of Slogans
The Bench drew a distinction between common religious slogans used across faiths—such as “Allahu Akbar” or “Jai Shri Ram”—which do not advocate violence, and the “sar tan se juda” chant, which explicitly calls for killing. The Court noted that the slogan has no sanction in the Quran or mainstream Islamic teachings and has been misused by certain individuals without understanding its meaning or consequences.
The judgment also referred to historical context, noting that the slogan is linked to blasphemy-related practices in Pakistan, and observed that classical accounts of Prophet Muhammad’s conduct emphasise forgiveness rather than violent retaliation—underscoring that the chant runs contrary to the basic tenets of Islam.
Bail Rejected
After examining the case diary, the Court found sufficient material indicating the applicant’s participation in the unlawful assembly, the raising of objectionable slogans, assault on police personnel, and damage to property. Holding that no case for bail was made out, the Court rejected Rihan’s bail application.
Significance of the Verdict
The ruling is being seen as a strong judicial message against the use of violent and threatening slogans under the guise of religious sentiment. The High Court reaffirmed that the right to freedom of speech under Article 19 of the Constitution does not extend to calls for extrajudicial violence or actions that undermine the nation’s sovereignty, integrity, and rule of law.
