‘Challenge to Law and Sovereignty’: Allahabad High Court Denies Bail to Bareilly Violence Accused, Says Slogans Incited Armed Rebellion

By Rajesh Pandey

The Allahabad High Court has rejected the bail application of Rihan, one of the accused in the violent incidents that rocked Bareilly on May 26, 2025, holding that the materials on record clearly establish his participation in an unlawful and violent assembly that directly challenged the authority of law and the sovereignty of the Indian State.

The case relates to large-scale violence that erupted after a call allegedly given by Maulana Taukir Raza, President of the Ittefaq Minnat Council (INC).

According to the prosecution, around 500 people gathered in the Biharipur area of Bareilly, where they began raising slogans against the government, including the provocative chant: “gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda.”

When police personnel attempted to disperse the crowd and restore order, the situation escalated rapidly.

Members of the assembly allegedly snatched lathis from policemen, tore their uniforms, and launched a violent attack involving stone pelting, firing, and the throwing of petrol bombs.

Several police personnel sustained injuries, and multiple police vehicles, as well as private vehicles,s were damaged. Seven persons, including the present applicant Rihan, were arrested on the spot.

The bail plea was argued on behalf of the applicant by advocate Akhilesh Kumar Dwivedi, while the State government was represented by Additional Advocate General Anoop Trivedi, who strongly opposed the grant of bail.

Justice Arun Kumar Singh Deshwal, while dismissing the application, observed that the case diary contained sufficient material to show that the applicant was an active participant in an unlawful assembly.

The court noted that the assembly not only raised objectionable and inflammatory slogans but also engaged in violent acts resulting in injuries to police personnel and damage to public and private property.

“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, adding that such acts clearly amount to offences against the State.

Since the applicant was arrested on the spot, the court found no grounds to extend the benefit of bail.

In a detailed and significant observation, the High Court also examined the broader issue of religious slogans and their legal limits. Justice Deshwal noted that slogans and proclamations exist in every religion and are generally expressions of faith or reverence.

For instance, the Muslim proclamation “Nara-e-Takbir” followed by “Allahu Akbar” signifies the greatness of God and is universally accepted.

Similarly, the Sikh proclamation “Jo bole so nihaal, Sat Sri Akal”, popularised by Guru Gobind Singh Ji, and Hindu chants such as “Jai Shri Ram” or “Har Har Mahadev”, are devotional calls raised in moments of joy and faith.

The court clarified that such slogans do not constitute an offence unless they are maliciously used to intimidate or threaten people of other faiths.

However, the slogan “gustakh-e-nabi ki ek saja, sar tan se juda”, the court observed, has no basis in the Quran or any recognised Islamic religious text.

Despite this, it is widely used by some individuals without understanding its grave implications.

Referring to teachings and instances from the life of Prophet Mohammad that emphasise compassion and forgiveness, the court remarked that such violent slogans run contrary to the basic tenets of Islam itself.

In its judgment dated December 17, the High Court concluded that raising the slogan in question—whether by an individual or a crowd—amounts to a direct challenge to the authority of law, the sovereignty, and the integrity of India.

The slogan, the court held, incites people towards armed rebellion and violence, thereby attracting the provisions of Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with acts endangering the sovereignty, unity, and integrity of the nation.

“In view of the above analysis,” the court said, “the slogan raised is not only punishable under Section 152 BNS but is also against the basic principles of Islam.”

On these grounds, the Allahabad High Court firmly rejected the bail application, reinforcing the principle that freedom of expression or religious sentiment cannot be used as a shield for violence, intimidation, or acts that threaten public order and the constitutional authority of the State.

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