In a significant ruling, the Allahabad High Court has declared the controversial slogan "gustakh-e-nabi ki ek hi saza, sar tan se juda" (If you disrespect our Prophet, we will behead you) as a direct provocation and a challenge to the law of the land. The court stated this slogan poses a threat to India's sovereignty and integrity.
Court's Stern Observations in Bail Order
The strong observation was made by Justice Arun Kumar Singh Deshwal while rejecting the bail application of an accused, Mohd Rihan. Rihan was arrested in connection with the violence that erupted in Bareilly on September 26 during a protest related to the 'I Love Muhammad' campaign.
The court emphasized that the slogan is aimed at inciting people towards armed rebellion and is also against the fundamental tenets of Islam. It noted that raising such slogans maliciously to intimidate people of other faiths constitutes a serious offence.
The Bareilly Violence and Allegations
An FIR in the case was lodged at Kotwali police station against Rihan and others, including Bareilly-based Ittehad-e-Millat Council chief Maulana Tauqeer Raza Khan. The police alleged that Tauqeer Raza and another member, Nadeem Khan, incited community members to assemble at Islamia Ground in Bareilly to protest against the authorities, despite prohibitory orders being in place.
The crowd that gathered allegedly raised the contentious slogan and chanted anti-government slogans. When police tried to stop the march towards the collectorate, the situation turned violent. Protesters are accused of snatching police batons, tearing uniforms, pelting stones, throwing petrol bombs, and opening fire, leading to injuries among police personnel.
Arguments in Court and Investigation Status
Rihan's advocate argued that his client was falsely implicated and arrested from his home, not from the clash site. However, the government counsel, Nitish Kumar Shrivastava, countered that the acts of the accused were promoting enmity between communities and against the state.
Shrivastava asserted that the slogans themselves showed the protesters' disrespect for the Indian legal system. Providing an update on the investigation, SSP Anurag Arya told TOI that nine chargesheets have been filed in 11 cases, with 110 accused arrested and charge-sheeted, while 77 are still absconding.
Historical Context and Misuse of the Slogan
The High Court order also delved into the historical context of blasphemy laws. It mentioned the law and its amendments in Pakistan post-Partition, citing the high-profile case of Christian woman Asia Bibi in 2011.
The court noted that the slogan in question has no basis in the Quran or any Islamic religious text. It traced its origin to the demonstrations in Pakistan led by Mulla Khadim Hussain Rizvi in support of the blasphemy law. From there, the slogan spread to other countries and has been widely misused to intimidate people of other faiths and challenge state authority.
By refusing bail and making these unequivocal observations, the Allahabad High Court has sent a clear message against hate speech and actions that threaten public order and national unity.
